United States First Circuit

The district court's decision denying defendants qualified immunity in plaintiff's Fourth Amendment malicious prosecution action is affirmed, where: 1) an individual's Fourth Amendment right to be free from seizure but upon probable cause continues through the pretrial period; 2) in certain circumstances, injured parties can vindicate that right through a section 1983 or Bivens action; and 3) here, plaintiff has pleaded facts which, if true, would be sufficient to establish that defendants violated his Fourth Amendment rights.

Appellate Information

• Decided 07/17/2013
• Published 07/17/2013

Judges

• LIPEZ

Court

• United States First Circuit

Counsel