· 12/2/1994
Mark Cook v. Roberta Sheldon and Nelson Saldana, New York State Troopers
Citations
- 41 F.3d 73
- 1994 U.S. App. LEXIS 34098
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- finding that officers commenced criminal proceedings against a plaintiff where they formally charged him with violating a statute and had him arraigned before a judge
- recognizing a § 1983 abuse of process claim only for abuse of criminal process—not civil process
- holding that a claim for abuse of process requires a plaintiff to show that the defendants acted “with intent to do harm without excuse or justification, ... in order to obtain a collateral objective that is outside the legitimate ends of the process”
- holding that a claim for abuse of process requires a plaintiff to show that the defendants acted “with intent to do harm without excuse or justification, ... in order to obtain a collateral objective that is outside the legitimate ends of the process”
- declaring, in 1994, that, “[i]n the criminal context, malicious abuse of process is ‘by definition a denial of due process’ ”
- stating that having plaintiff arraigned amounted to legal process
Source: CourtListener parenthetical corpus (CC0).
Judges: Van Graafeiland, Miner, McLaughlin
Read full opinion on CourtListenerSourced 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.