Esau Awabdy v. City of Adelanto Scott Burnell Ted Hartz Richard Althouse, Michael Sakamoto, Does I-X, Inclusive

How courts have described this case

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

• holding that there is prima facie probable cause when a judge “hold[s] a defendant to answer” in state court after a preliminary hearing
• holding that probable cause can be challenged by 3 alleging that “criminal prosecution was induced by fraud, corruption, perjury, fabricated evidence, 4 or other wrongful conduct undertaken in bad faith”
• concluding that the plaintiff stated a claim under § 1983 by alleging prosecution undertaken for the purpose of depriving him of his First Amendment right to freedom of speech and Fourteenth Amendment right to equal protection
• noting that malicious prosecution actions may only be brought against “persons who have wrongfully caused the charges to be filed”
• stating that federal courts adjudicating actions brought under 42 U.S.C. § 1983 rely on state common law for elements of malicious prosecution
• holding no probable cause where “the criminal proceedings were initiated on the basis of the defendants’ intentional and knowingly false accusations and other malicious conduct”

Source: CourtListener parenthetical corpus (CC0).