Kjellsen v. Mills

How courts have described this case

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

• recognizing the existence of probable cause will defeat a section 1983 claim for malicious prosecution
• identifying the elements of a § 1983 malicious prosecution claim as co-extensive with the elements of the common law tort
• “Probable cause is required to continue a prosecution, not just to arrest a defendant or to institute a prosecution.”
• “Because lack of probable cause is a required element to prove a § 1983 claim for malicious prosecution in violation of the Constitution, the existence of probable cause defeats the claim.”
• “This Court accepts the plaintiff’s version of the facts and then answers the legal question of whether the defendants are entitled to qualified immunity under that version of the facts.” (alterations adopted; internal quotation marks and citation omitted)

Source: CourtListener parenthetical corpus (CC0).