· 9/23/2011
Wilson v. Gottlieb
Citations
- 821 F. Supp. 2d 778
- 2011 U.S. Dist. LEXIS 109667
- 2011 WL 4479846
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that filing the application for a criminal complaint was enough to institute criminal proceedings
- noting that claims against police officers in their official capacities are claims against the police department itself and thus barred by the MTCA
- granting a police department’s motion to dismiss a malicious prosecution claim because the claim is barred by § 10(c)
- “[F]iling a criminal complaint constitutes the institution of criminal proceedings and, while such conduct is not always necessary for a claim of malicious prosecution, it is certainly sufficient.”
- agreeing “that statements made” by third parties “in the police report are inadmissible hearsay”
- “One in the possession of a chattel does not become a converter by making a qualified refusal immediately to surrender the chattel when the circumstances are such that the demand for immediate surrender is unreasonable.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Hollander
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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