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United States Second Circuit


Roberts v. Babkiewicz, 08-3858

In a 42 U.S.C. section 1983 action alleging malicious prosecution, dismissal of the action is reversed where it was unclear that the criminal charge against plaintiff that the state dropped was necessarily related to or arose from the same circumstances as the criminal offense to which plaintiff pleaded guilty, and thus it was unclear under Connecticut law whether the dismissal of the underlying criminal offense resulted in a "favorable termination."

Appellate Information

  • Decided 09/30/2009
  • Published 09/30/2009

Judges

  • PER CURIAM:, Before:  CALABRESI, HALL, Circuit Judges, and SESSIONS, District Judge.

Court

  • United States Second Circuit

Counsel

  • For Appellant:
  • John R. Williams, John R. Williams and Associates LLC, New Haven, CT, for Plaintiff-Appellant.

  • For Appellees:
  • Scott M. Karsten, Karsten, Dorman & Tallberg, LLC, West Hartford, CT, for Defendant-Appellee.
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