> She and her husband had sued for false arrest, false imprisonment and malicious prosecution over a July 2006 altercation at Philadelphia International Airport.
Why does it take 12 years to get this far in a case? It seems like a right to a speedy trial should apply to civil cases too.
The civil suit was filed in 2009, and took 5 years to go to trial. It looks like nobody was in a hurry--the plaintiff filed a ton of motions to extend various filing deadlines. Then the appeal was slowed down because the plaintiff was proceeding pro se. After briefing was complete, the court, apparently not wanting to leave these issues to the pro se briefs, ordered appointment of amicus curiae counsel on behalf of the plaintiff, along with further briefing.
> It seems like a right to a speedy trial should apply to civil cases too.
It doesn't apply to civil cases, and it doesn't apply to the suing party in any case: it applies to the defense (only) in criminal cases. Read the Sixth Amendment.
If you’d like to change that, there is a process for Constitutional Amendments. There are good reasons attached to the impacts of pending criminal charges (which can include pre-trial detention or restrictive bail terms) why speed is prioritized over other factors as a right of criminal defendants and not litigants generally, though.
More and more most rights seem to in theory only, for example a person is suppose to have to right to be free from searches unless there is probable cause they have committed a crime... except <<<insert a list 1000 miles long of other times government can search you>>>
> It's also worth noting that most defendants never go to trial, and those who do mostly waive the right to a speedy trial.
In terms of the right to study and public trial, that's kind of the ideal case, though the first part key be problematic for other reasons. If the government internalizes the speedy trial protection so as to not charge people until it is ready, or nearly do, to prosecute, then delay will usually be in the interest of the defense, who will not likely be prepared in advance of the initiation of the prosecution.
If the right had to be regularly invoked, that would be the sign of a serious problem.
Why does it take 12 years to get this far in a case? It seems like a right to a speedy trial should apply to civil cases too.