· 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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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