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· 12/15/1941

Clarke v. Levine

Citations

  • 263 A.D. 836
  • 31 N.Y.S.2d 571
  • 1941 N.Y. App. Div. LEXIS 5195

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 plaintiff may bring a § 1983 claim for false imprisonment for the period he was confined while an officer issued a summons
  • noting that in cases where an arrest or imprisonment is extrajudicial, the burden is on the defendant to prove the existence of probable cause
  • discussing defendant’s burden of proving defense of legal justification to charge of false arrest
  • setting forth elements of false arrest claim under New York state law
  • “elements of the tort of malicious prosecution [include] ... the termination of the proceeding in favor of the accused”
  • \elements of the tort of malicious prosecution [include] ... the termination of the proceeding in favor of the accused\

Source: CourtListener parenthetical corpus (CC0).

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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.