Actor Alec Baldwin has sued the New Mexico prosecutors who tried to imprison him for the fatal shooting of cinematographer Halyna Hutchins on the set of his film, Rust.
The civil lawsuit for malicious prosecution and civil rights violations was filed Thursday at the state district court in Santa Fe, where a judge dismissed his charge of involuntary manslaughter.
He alleges defamation, and claims prosecutors and investigators intentionally mishandled evidence during their investigation into the shooting.
‘Defendants, while acting under the color of law, conspired to procure a groundless indictment against Baldwin and to maliciously bring about or advance Baldwin’s trial and conviction, thus violating Baldwin’s constitutional rights by their improper use of the criminal process,’ the suit claims, according to The Wrap.
‘Defendants sought at every turn to scapegoat Baldwin for the acts and omissions of others, regardless of the evidence or the law.’
The lawsuit names Special Prosecutor Kari Morrissey, Santa Fe District Attorney Mary Carmack-Altwies and investigators from the Santa Fe County Sheriff’s Office as defendants.
It comes just weeks after the district attorney’s office announced it would not pursue an appeal of a court’s decision to dismiss an involuntary manslaughter charge against the Oscar-nominated actor, 66.
Morrissey withdrew her appeal in December of a July decision at trial to dismiss the charge against Baldwin in Hutchins’ death during a rehearsal on set of Rust outside Santa Fe.
‘Today’s decision to dismiss the appeal is the final vindication of what Alec Baldwin and his attorneys have said from the beginning – this was an unspeakable tragedy but Alec Baldwin committed no crime,’ Baldwin’s defense attorneys Luke Nikas and Alex Spiro said at the time.
‘The rule of law remains intact in New Mexico.’
The decision to drop the appeal solidifies the decision by Judge Mary Marlowe Sommer halfway through trial to dismiss the case on allegations that police and prosecutors withheld evidence from the defense.
Prosecutors had said they deemed ammunition that was brought into the Santa Fe County sheriff’s office in March unrelated and unimportant to the case, but Baldwin’s defense team claimed in court that investigators ‘buried’ the evidence.
Judge Sommer said at the time that dismissal was ‘the only warranted remedy’ amid the legal issues and that there was ‘no way for the court to right this wrong.
‘The late discovery of this evidence has impacted the fundamental fairness of the proceedings,’ the judge said, according to The Hollywood Reporter.
The district attorney’s office said that under state law the New Mexico attorney general would have carried forward the appeal but ‘did not intend to exhaustively pursue the appeal on behalf of the prosecution.
‘As a result, the State’s efforts to continue to litigate the case in a fair and comprehensive manner have been met with multiple barriers that have compromised its ability to prosecute to the fullest extent of the law,’ local prosecutors said.
This is a breaking news story and will be updated.