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· 12/22/2015

Mangino v. Incorporated Village of Patchogue

Citations

  • 808 F.3d 951
  • 2015 U.S. App. LEXIS 22431
  • 2015 WL 9287019

How courts have described this case

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

  • explaining that the existence of probable cause effectively negates “retaliatory motive” in a First Amendment retaliatory prosecution claim.
  • explaining that the existence of probable cause effectively negates “retaliatory motive” in a First Amendment retaliatory prosecution claim
  • noting that following Weiss and United Aircraft Corp., the Second Circuit has “lent support” to the interpretation that probable cause is a complete defense to an abuse of process claim because it is an “excuse or justification”
  • noting the “considerable confusion within our Circuit regarding whether probable cause is a complete defense to a claim of abuse of process under New York law,” but declining to resolve the issue
  • noting the “considerable confusion within our Circuit regarding whether probable cause is a complete defense to a claim of abuse of process under New York law,” but declining to resolve the issue
  • ruling on qualified immunity grounds

Source: CourtListener parenthetical corpus (CC0).

Judges: Newman, Winter, Cabranes

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.