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· 3/4/1926

City of New Orleans v. Malone

Citations

  • 12 F.2d 17
  • 1926 U.S. App. LEXIS 3148

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that a complainant asserting a malicious prosecution claim must show some deprivation of liberty consistent with a seizure
  • holding that post-arraignment deprivation of liberty implicates malicious prosecution rather than false arrest
  • affirming summary dismissal of claim on the ground that the facts as to store owner's complaint of theft revealed existence of probable cause
  • finding no chilling effect where, after an arrest, the plaintiff continued to publish his newspaper through which he criticized the village government
  • distinguishing between claims for false arrest and malicious prosecution on the basis of whether the offending action occurred either pre- or post-arraignment
  • analyzing a § 1983 claim for malicious prosecution under the Fourth Amendment rather than under the state-law elements for the same-named offense

Source: CourtListener parenthetical corpus (CC0).

Judges: Walker

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.