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Supreme Court Rules in Malicious Prosecution Case

Advisory Opinions

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The Dissent Is All About Malicious Prosecution Under 19 83

The majority opinion is all about what is favorable termination? Do you have to have an actual finding of innocence, as then you went to trial and you were acquitted? Or is simply not conviction, a favorable termination? Well, malicious prosecution isn't in the fourth amendment. It's a common law tort. And so the dissent is all about wa, why are we recognizing malicious prosecution under 19 83 when in fact, it's a commonlaw tort that you can either sue under state law, or you can make a real fourth amendment claim.

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