Fusilier v. Zaunbrecher

Allegation: Motorist observes another driver driving erratically, unsafely. He flicks his high beams on and off, activates LED security lights on his windshield, follows the driver home, and asks if she is okay. Yikes! She is an off-duty Calcasieu Parish, La. sheriff’s deputy. She says he flashed a fake badge, and he gets prosecuted for impersonating an officer. He spends 29 days in jail (and then another seven months on house arrest awaiting trial). A jury acquits after 27 minutes. Fifth Circuit: The deadline to file his malicious prosecution claim started running when he was acquitted, not when he was released from jail. The case should not have been dismissed.

Tags: 2020, 42 USC 1983, Fifth Circuit, Malicious Prosecution

Sign up to receive IJ's biweekly digital magazine, Liberty & Law along with breaking updates about our fight to protect the rights of all Americans.