Can you sue a DA for agreeing to a plea bargain?
By David Greenwald
That was my first thought when I read about the story of the Vietnamese man who filed a suit against Chesa Boudin. Can he be sued for that? The answer apparently is no, he cannot. This is what it is - political.
At a press conference this week Anh Lê called the attack “the most brutal, terrifying and humiliating experience of my life.”
I don’t want to diminish or demean his experience, but as I read the facts of the case, they scream misdemeanor conduct, not felony conduct.
According to a release from the DA, Lê and Tanner, who uses a wheelchair, had an argument over Tanner’s 11 year old son pushing a bicycle on the sidewalk. Lê contronted Tanner and his family about taking up the sidewalk.
It was during the argument, that Tanner’s 11 year old son, allegedly swung a plastic bat at Lê several times. Tanner intervened and made verbal threats against Lê while holding a Snapple bottle.
Boudin’s office notes, “Photographs taken by police at the scene do not depict any physical injuries to Mr. Le.”
What happened here was unfortunate, but it was a kid who hit Le with a bat - a plastic bat, not a wooden one. There were no visible injuries. This wasn’t a hate incident, it was a dispute over whether the kid was blocking the sidewalk.
Tanner himself may have threatened Le with a bottle, but he did not assault him, he was in a wheelchair himself.
Le wanted prison time time for Tanner. And he wanted the kid to be prosecuted.
So now he is suing the DA in a case that will be quickly dismissed because you can’t sue a DA for that and moreover, the facts are not in his favor. But this becomes yet another headline story to use to beat up Boudin.
Fortunately at least this one will probably have a short shelf life.
Thanks for reading.
The Vanguard still needs your help in 2022.
