YORK: A York County jury awarded $150,000 in damages against the York County Sheriff’s Office for malicious prosecution of a Rock Hill-area man arrested in a 2012 stand-your-ground case in which he argued he should not have been charged. A sheriff’s office spokesman said Thursday the office respects the jury’s decision but stands by its officers.Russell Shane Carter, arrested for assault in a case in which prosecutors later dropped criminal charges, claimed in a lawsuit he was attacked first by another man trespassing on his property.In a statement to police, Carter told deputies the other man “blindsided” him with a “right hook” punch before he was able to fend off the other man. Then he hit the man with a bat to subdue him before police arrived.Police charged Carter with assault after the other man needed medical treatment. The criminal charges were dropped seven weeks later.
Source: Man arrested for standing his ground wins malicious prosecution case | The Charlotte Observer
This is an unfortunate case for taxpayer’s funds but necessary as teaching moment for the Government. I understand the cops cannot know all the laws of the land, but you kinda figure the important ones have to be pretty much ingrained by the time they hit the streets. And I want to say it is lack of knowledge rather than the simple need to impose the badge because they can.
Anyways, the old maxim applies: Never trust a cup with knowing the laws.
It’s a malicious *prosecution* case, not arrest. It wasn’t about the cops choosing to arrest, it was about the prosecutor choosing to prosecute.