Quote from gwb-trading:
Based on earlier media coverage, my understanding is that it is very difficult in Florida to sue prosecutors for malicious prosecution. There are plenty of shield laws protecting prosecutors in the state.
It is a lot easier to sue police and individuals for malicious prosecution in Florida if they fabricated information that caused a prosecutor to criminally charge a person. The issue in this case is that the police handled the evidence correctly (for the most part) with no malicious intent and most of the facts related to the case are not in dispute. In other words, this is not a case where the police said Zimmerman shot someone, and George is saying I didn't shoot anyone & the cops made up the evidence.
It would be difficult to sue individuals in this case for expressing their opinions in the media regarding George Zimmerman shooting Trayvon Martin. The people's opinions did not 'drive the prosecution' of the case by being false - the police activities led to prosecution action in this case.
The primary problem I have with the prosecution in this case is that Murder is obviously an over-charge, but prosecutors over-charge in many cases while trying to cut a plea deal. (and yes, this is the second problem in this case - the prosecution is unwilling to cut any type of deal due to media attention - but that is their prerogative.).
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