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United States First Circuit


Barros-Villahermosa v. US, 09-2614

In dispute arising from a malicious prosecution action under the Federal Tort Claims Act (FTCA), summary judgment in favor of defendant is affirmed where plaintiff failed to meet FTCA standard under Puerto Rican law, namely that: 1) a criminal action was initiated or instigated by the defendants; 2) the criminal action terminated in favor of plaintiff; 3) defendants acted with malice and without probable cause; and 4) plaintiff suffered damages.

Appellate Information

  • Decided 04/15/2011
  • Published 04/15/2011

Judges

  • HOWARD

Court

  • United States First Circuit

Counsel

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