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Re:Searchable flight logs from Jeffrey Epstein’s plane by maxlybbert on Tuesday November 30, 2021 @10:35PM (#29400368)
I would love to learn the answer to this: if some charges are arguably justified, but others aren’t, can you claim malicious prosecution for the ones that aren’t? I would think so.

Unfortunately, for this specific case, I don’t think it qualifies. The judge only dismissed the charge because he couldn’t write clear jury instructions for it ( https://apnews.com/article/why-did-judge-drop-kyle-rittenhou... ). I think that could be enough to say “we brought the charge because we honestly thought it applied; the confusion wasn’t malice, it was just difficulty understanding a convoluted law.”

I don’t know about Wisconsin, and I don’t know if Rittenhouse has some way to afford bringing a malicious prosecution lawsuit or some other lawsuit against Kenosha. I get the feeling that kind of reaction (followed by a negotiated settlement) is more common in some parts of the country than others.

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