Qualified immunity ends the second constitutional rights are violated. It is by definition constitutional. Malicious prosecution is already a crime.
Prosecuting someone that a judge has determined there was probable cause to warrant is not a rights violation. If the prosecutor lied about evidence at a probable cause hearing, that would be one thing, but trying to get a conviction on a weak case is not going to be grounds for a prosecutor getting pinched.
Say it with me, Malicious prosecution. The fact a crime exists invalidates your position in its entirety. That's why it exists.
Malicious prosecution is a civil suit, usually not very successful, and is awarded when it is found out that there was no actual probable cause.
Malicious prosecution is already a crime
And as rare as the Amur Leopard!
Which is entirely a different issue. Thus the law.
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