Can David Hearn Sue the DOJ for Malicious Prosecution?
[media=https://www.youtube.com/watch?v=RXUlZtGnIyA]
The federal government’s flagship prosecution over the Lincoln Memorial Reflecting Pool has completely collapsed. The Department of Justice—led in D.C. by U.S. Attorney Jeanine Pirro—filed a 20-page motion to dismiss all felony charges against 67-year-old former Olympian David Hearn, conceding the peeling liner was caused by a rushed, botched contractor installation, not vandalism.
While Hearn’s defense rightly noted the government owes him an apology, I wanted to dive deeper into the question people are asking: Can David Hearn sue for malicious prosecution?
On the facts, Hearn meets all four legal elements of malicious prosecution. However, suing a prosecutor personally hits the formidable wall of absolute prosecutorial immunity under Supreme Court precedent.
In this video, I break down why Hearn’s real battleground isn’t suing Pirro out-of-pocket, but pursuing Federal Tort Claims Act (FTCA) remedies against federal law enforcement, seeking attorney fees under the Hyde Amendment, and filing bar disciplinary complaints.
My comments:
But what about suing tRUMP, Pirro, and Burgum for defamation??? Roll the tape!
The federal government’s flagship prosecution over the Lincoln Memorial Reflecting Pool has completely collapsed. The Department of Justice—led in D.C. by U.S. Attorney Jeanine Pirro—filed a 20-page motion to dismiss all felony charges against 67-year-old former Olympian David Hearn, conceding the peeling liner was caused by a rushed, botched contractor installation, not vandalism.
While Hearn’s defense rightly noted the government owes him an apology, I wanted to dive deeper into the question people are asking: Can David Hearn sue for malicious prosecution?
On the facts, Hearn meets all four legal elements of malicious prosecution. However, suing a prosecutor personally hits the formidable wall of absolute prosecutorial immunity under Supreme Court precedent.
In this video, I break down why Hearn’s real battleground isn’t suing Pirro out-of-pocket, but pursuing Federal Tort Claims Act (FTCA) remedies against federal law enforcement, seeking attorney fees under the Hyde Amendment, and filing bar disciplinary complaints.
My comments:
But what about suing tRUMP, Pirro, and Burgum for defamation??? Roll the tape!
