Lawsuits are hard. Don’t presume you have one.

A man named Ken Walton recently wrote a facebook post that gained a great deal of attention. He alleges that, due to the fact that the rental car he was driving had its license plate stolen, he and his young daughter were pulled over. An officer pointed his gun at Mr. Walton, ordered him out of the car, threatened to shoot him, handcuffed him, and placed him in the police vehicle. Mr. Walton was eventually let go after it was learned he had done nothing wrong.

In his post, Mr. Walton writes, “Will I sue? I doubt it. I don’t want money from this (I can afford to send my daughter to counseling) and anything a settlement would generate would be trivial to me, and not worth the time it steals from my life.”

Mr Walton’s post got a great deal of attention. As of today, there are over three thousand comments to Mr. Walton’s post. For the purposes of this post, there are a couple of things to note from those comments. First, there are a great number of people encouraging him to file a lawsuit. In both the comments to the post and the post itself, there seems to be a presumption that a lawsuit would be successful. Second, many of the people encouraging him to file a lawsuit instruct him to find a lawyer to do it pro bono or to use GoFundMe to fund the lawsuit.

This post brings to my mind a few things that I’ve been thinking about recently regarding how lawsuits are evaluated and decided.

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