· 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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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