NEW YORK, July 1 (Reuters) - After spending six weeks as a
defendant in a criminal sexual assault case that now appears to
be falling apart, Dominique Strauss-Kahn may have a seat
waiting for him at the plaintiffs' table, but taking it comes
with risks and small chances for success.
Manhattan District Attorney Cyrus Vance said on Friday his
office had not dropped its case against the Frenchman who was
forced out as chief of the International Monetary Fund over
charges he assaulted a 32-year-old housekeeper at his upscale
hotel in midtown Manhattan.
The case was in jeopardy after prosecutors called into
question the accuser's credibility on several fronts.
If charges are eventually dropped, Strauss-Kahn, 62, may be
motivated to bring a civil suit against New York City police
officers or prosecutors in the District Attorney's office.
"He lost his position at the IMF," said Michael Joseph, an
attorney who specializes in malicious prosecutions. "His
economic damages are potentially huge."
His arrest also dashed any aspirations he had to lead
France's Socialists to victory in the 2012 presidential race.
Individuals who believe they were falsely accused typically
bring false-arrest or malicious-prosecution claims, seeking
economic damages. In the case of Strauss-Kahn, the damages may
include lost wages, pain and suffering, attorneys' fees and the
money spent to adhere to his bail conditions.
It's not easy money, however. Bringing a civil suit could
open Strauss-Kahn's past to more scrutiny. Winning such cases
is considered extremely difficult.
"Most of these people walk away with nothing except their
freedom," said Stephen Bergstein, an attorney at Bergstein &
Ullrich who specializes in civil-rights cases.
FALSE ARREST
To bring a false-arrest claim, a plaintiff has to show that
a police officer had no probable cause for the arrest. In
arresting Strauss-Kahn, police relied on statements made by the
accuser, which would very likely be found to have established
probable cause.
"So long as they think the witness is credible, they can
rely on the victim's account in making the arrest," Bergstein
said.
It does not matter that prosecutors have now found
inconsistencies in her story, Bergstein added. What matters is
what the police officers relied on when making the arrest.
"Most false-arrest cases fail," said Bergstein. "I find
that there's always some way for the government to win these
cases."
Police officers are also buffeted by the fact that a grand
jury voted to indict Strauss-Kahn.
"Once the grand jury indicts, there's a presumed probable
cause," said Joseph Bavaro of Salenger, Sack, Kimmel & Bavaro,
who has experience in false-arrest cases.
MALICIOUS PROSECUTION
If winning a false-arrest case is difficult, winning a
malicious-prosecution case is nearly impossible. For public
policy reasons, prosecutors are immune from civil liability for
acts they take while working in their official capacity,
regardless of motive.
In 2005, the U.S. Court of Appeals for the Second Circuit
ruled for New York prosecutors, who were accused of targeting a
defendant based on personal reasons.
The appellate court ruled that even if the allegations were
true, the prosecutors would be immune because they took the
actions in their official capacity.
To succeed in bringing a claim, a plaintiff would have to
show that a prosecutor took actions outside his authority, such
as manipulating evidence in the investigative stage of a case.
In Strauss-Kahn's case, no such allegations of improper
motive have emerged. In fact, it was prosecutors who disclosed
to Strauss-Kahn's lawyers in a letter that the accuser's
credibility had been called into question.
OTHER OPTIONS
Beyond prosecutors and the police, Strauss-Kahn may have a
claim against his accuser for malicious prosecution. But that
may subject him to more questions about the hotel-room
incident, which he may want to avoid.
Slander and libel cases against the media have been brought
by falsely accused in the past, but it would be hard for
Strauss-Kahn to bring such a case since he is a public figure,
said Joseph.
It's possible that Strauss-Kahn will not pursue any case at
all, of course.
"I would imagine he would be happy to go back to France and
get on with his life," Bergstein said.
(Reporting by Andrew Longstreth)