Castellano v. Fragozo

U.S. Court of Appeals, Fifth Circuit · Decided 2003-12-05

Cited by 335 later decision(s) in our corpus · see the citation network in Lexace

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From the opinion

PATRICK E. HIGGINBOTHAM, Circuit Judge: Today we examine our uncertain law attending a claim of malicious prosecution with its undisciplined mix of constitutional and state tort law. We decide that “malicious prosecution” standing alone is no violation of the United States Constitution, and that to proceed under 42 U.S.C. § 1983 such a claim must rest upon a denial of rights secured under…

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