Friday, September 26, 2014

Malicious prosecution....is Morrison County Attorney Brian Middendorf guilty??

http://www.criminaldefenselawyer.com/topics/criminal-process     Put "malicious prosecution" in the search button once you get to criminal defense lawyer.com   

 Read for yourself that; "Prosecutors who bring criminal cases without adequate justification may be sued for doing so, and may not be protected by prosecutorial immunity if the prosecutors' actions were egregious enough. 

Malicious prosecution refers to a criminal or civil case that is filed without an adequate basis and for an improper purpose, such as harassing the defendant, ruining another person's reputation, or to knowingly place blame on someone other than the actual wrongdoer.  If a prosecutor files such a case and the charges are dismissed, the defendant can sue for malicious prosecution and seek financial damages.  The law that allows a malicious prosecution suit is aimed at presenting and addressing abuse of the legal process."

I am no lawyer, but in reading the article further, it is clear to me that Alderman Brian Crowder has a good case for a lawsuit against all those involved in the charges he was not guilty of.  In fact, Mayor VanRisseghem might be part of this potential lawsuit, for her part.  After all, she is the head of the Little Falls Police Department.

Remember, Brian Middendorf very publicly stated over KTLF radio, and the Morrison County Record(the official newspaper of the City of Little Falls), that Alderman Brian Crowder was guilty of three charges.(before he had his first hearing). 

Were I the county attorney, I would be worried.

There are certainly issues that warrant a complaint to the police standards board.   MBPOST board.

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