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· 11/9/2023

Matter of Hackett

Citations

  • 221 A.D.3d 1169
  • 197 N.Y.S.3d 762
  • 2023 NY Slip Op 05650

How courts have described this case

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

  • holding that “investigating and prosecuting violations of the law “clearly fall[s] within the scope of official duties of a law enforcement officer”
  • holding that the district court correctly denied qualified immunity where the plaintiff and the officer had “completely different versions” of the incident and the plaintiff “unambiguously denie[d]” committing the crime
  • stating that “[f]actual proof of the existence of a § 1983 conspiracy may be based on circumstantial evidence”
  • noting that Alabama law for malicious prosecution is the same except that it requires only a “judicial proceeding” not a “criminal prosecution”
  • holding a corporation’s employees, acting as agents of the corporation, cannot conspire among themselves or with the corporation
  • explaining that under Alabama law, intentional acts like fabricating evidence can satisfy the malice element

Source: CourtListener parenthetical corpus (CC0).

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.