Freeway shootings update: State asks judge to dismiss malicious prosecution lawsuit filed by Merritt

Posted at 2:19 PM, Oct 31, 2016
and last updated 2016-10-31 21:47:12-04

The defendants in the civil lawsuit filed by Leslie Merritt ,Jr., have asked a judge to dismiss the lawsuit.

Last September, lawyers for Merritt, the man charged in the 2015 freeways shootings case, filed suit in civil court for malicious prosecution.

The lawsuit named the State of Arizona, Maricopa County, and county attorney Bill Montgomery as defendants.

In court documents filed last Thursday, the defendants filed a motion to dismiss.

In the documents, the defendants state that they reached the threshold of probable cause needed to arrest and hold Merritt in jail.

They argue that they only needed enough evidence to show probable cause to arrest and hold Merritt for the crimes. As proof of this, they cite the grand jury indictment of Merritt which, they say, proved that they had enough evidence to support probable cause.

The dollar amount of Merritt's lawsuit has not been released, but it is expected to be in the millions.

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