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· 10/11/1995

James A. Russell v. James Smith and City of New York

Citations

  • 68 F.3d 33
  • 1995 U.S. App. LEXIS 28227

How courts have described this case

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

  • considering whether the recanted testimony or the recantation was corroborated by other trial evidence
  • finding recantation “more suspect than most” because recanted testimony implicated witness’s brother
  • “In the absence of a decision on the merits, the plaintiff must show that the final disposition is indicative of innocence.”
  • “In the absence of a decision on the merits, the plaintiff must show that the final disposition is indicative of innocence.”
  • “In the absence of a decision on .the merits, the plaintiff must show that the final disposition is indicative of innocence.”
  • “Termination of the criminal charges in plaintiff’s favor is an essential element of the [malicious prosecution] claim.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Winter, Leval, Sand

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.