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The Habeas Citebook: Prosecutorial Misconduct - Header
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SCOTUS Announces § 1983 Malicious Prosecution Claim’s ‘Favorable Determination’ Requirement Satisfied by Showing Prosecution Ended Without a Conviction

by Richard Resch

The Supreme Court of the United States held that the “favorable determination” requirement for a Fourth Amendment claim under 42 U.S.C. § 1983 for malicious prosecution does not require the plaintiff to show that the prosecution ended with some“affirmative indication of innocence.” A showing that the prosecution ...

 

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