You can’t blame someone in this position for suing. An accusation like this can ruin your life.

The Washington Examiner reports.

Student cleared of sex assault charges sues for malicious prosecution

A New Jersey student who had charges of sexual assault dismissed against him is suing the police who investigated him, alleging false arrest and malicious prosecution.

The accused student, who will not be named here because he is currently innocent under the law and no longer being charged or investigated, spent two weeks in jail because he was unable to post the $250,000 bail. He was eventually released on his own recognizance, and the charges were administratively dismissed 20 days later, without the case ever going before a grand jury.

The accused alleges in his lawsuit that the “probable cause” report that was used to justify the arrest was produced after the arrest was made, as the time of the arrest was mentioned.

“As such, this report purportedly establishing probable cause and justifying the arrest and criminal complaint had to have been completed after business hours on Nov. 12, 20l4, and certainly after plaintiff’s arrest at 5:20 p.m. on that day,” the lawsuit states. “The PC report, therefore, could not have served as a basis to justify the arrest of plaintiff as the decision to arrest and charge already had been made before the PC report’s completion.”

The probable cause report was prepared after the accuser’s sexual assault examination but before the results were known to the officers, according to the lawsuit, which doesn’t indicate what results were found.


 
 0 
 
 0