· 11/30/1977
Robert F. Jennings v. Arthur Shuman, Jr., Robert J. Conway, Gustave Naring, and John Doe
Citations
- 567 F.2d 1213
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- finding that malicious abuse of process occurs when an officer uses the criminal process for a purpose other than it was intended and clearly establishing such acts as a constitutional violation
- “An abuse of process [i. e., the initiation of prosecution for an improper purpose] is by definition a denial of procedural due process”
- malicious prosecution same as malicious use of process but distinct from malicious abuse of process at common law in Pennsylvania
- plaintiff prosecuted for felony for purpose of extorting $150,000; constitutional deprivation resulted from deprivation of liberty concomitant to arrest and pendency of criminal proceedings
- “If the defendant . . . uses the threat of prosecution for purposes of extortion, this is malicious abuse” of process.
- absolute immunity applies even where a prosecutor is motivated by “a corrupt or illegal intention”
Source: CourtListener parenthetical corpus (CC0).
Judges: Van Dusen, Hunter, Van Dusen Weis
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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