holding that, in order to maintain a malicious prosecution action, plaintiff must show, among other things, "lack of probable cause for commencing the proceeding"
Summary of this case from Montes v. KingNo. 97-1049.
February 23, 1998.
C.A. 2d Cir. Certiorari denied. Reported below: 118 F. 3d 938.
holding that, in order to maintain a malicious prosecution action, plaintiff must show, among other things, "lack of probable cause for commencing the proceeding"
Summary of this case from Montes v. Kingfinding officer's shooting of plaintiff objectively unreasonable where the officer was "safely ensconced on hill overlooking" the cabin that plaintiff was running toward and the plaintiff had made "[n]o threatening movement ... with respect to [the shooting officer] or anyone else, even after [the officer] shot [plaintiff's friend]"
Summary of this case from Reese v. Cnty. of Sacramentoconcluding that allegations that FBI agents had developed a plan and then encouraged another agent to shoot a suspect were sufficient to state a claim
Summary of this case from Cotta v. Cnty. of Kingsconcluding that police officers who testified before a grand and petit jury were not absolutely immune for their testimony if they functioned as complaining witnesses and the allegedly false testimony was necessary to show "the full range of occasions on which [the defendants'] falsehoods were uttered"
Summary of this case from Cignetti v. HealyFull title:LYNN ET AL. v. MURPHY
Court:U.S.
Date published: Feb 23, 1998
To state a claim for malicious prosecution, a plaintiff must show: "(1) the initiation or continuation of a…
Wong v. BeebeUnder Ninth Circuit authority, this is sufficient to withstand a motion to dismiss based on a lack of…