United States Second Circuit

Where a contempt charge was dismissed on double jeopardy grounds, appellant's malicious prosecution claim was properly dismissed because he could not show that the criminal prosecution on overlapping counts was commenced or continued with malice and without probable cause; false arrest claim cannot lie where appellant failed to show that he was arrested without probable cause.

Appellate Information

• Decided 05/09/2002
• Published 05/09/2002

Judges

• KEARSE, Circuit Judge:, Before:  KEARSE, MINER, and F.I. PARKER, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Alvin Fulton, Jr., Rochester, NY, Plaintiff-Appellant pro se.


• For Appellees:
  
• Linda S. Kingsley, Corporation Counsel, Rochester, N.Y. (Paul D. MacAulay, Municipal Attorney, Rochester, NY, of counsel), for Defendant-Appellee.