Day of Reckoning: AJ Pontillo, II gets Federal Judge Approval

Day of Reckoning: AJ Pontillo, II gets Federal Judge Approval for HIS day in court against Steve Jacobson, Stanislaus County DA Investigator

December 16, 2017

Long time coming for AJ Pontillo in HIS fight for justice.   On December 10th, 2017 UNITED STATES DISTRICT JUDGE dismissed Stanislaus County’s motion to dismiss AJ Pontillo’s lawsuit regarding malicious prosecution.   While we are providing the actual motion, intensive technical legal documents can be difficult to read – thus below are some highlights:

  • “For the reasons given below, the court will deny the motion to dismiss filed by the Stanislaus County defendants in part…”
  • “Plaintiff explains he learned that defendant Jacobson testified untruthfully because it was later revealed that Campbell was in the custody of the Stanislaus County Jail at the time plaintiff was alleged to have been kidnapping him. (Doc. No. 42 at 9123.)”
  • “…federal courts have recognized an exception where the prosecution is intended to subject a person to a denial of constitutional rights…”
  • “This prima facie showing can be rebutted by a showing that the prosecution was “induced by fraud, corruption, perjury, fabricated evidence, other wrongful conduct undertaken in bad faith.”
  • “…that the prosecutor was given false information, where the officers acted “maliciously or with reckless disregard for the arrestee’s rights, or where the prosecutor relied on the police investigation and arrest rather than coming to an independent judgment.”
  • “that defendant Jacobson gave false testimony concerning allegations that plaintiff kidnapped  two individuals”
  • The motion to dismiss brought on behalf of the Stanislaus County defendants (Doc. No.
    44) is denied as to plaintiff’s malicious prosecution claim against defendant Jacobson and granted in all other respects;

Below is the document:

 

AJ Pontillo vs County of Stanislaus