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United States Second Circuit

Spak v. Phillips, 15-3525

In a suit against a police officer for malicious prosecution in violation of the Fourth Amendment, under 42 U.S.C. section 1983, the district court's grant of summary judgment to defendant is affirmed where the claim was time-barred because plaintiff's claim began to run when the prosecutor dismissed the charges against him by entering a nolle prosequi, and not, as plaintiff claims, when all public records of his prosecution were erased pursuant to a Connecticut recordkeeping statute.

Appellate Information

  • Decided
  • Published 2017/05/22




  • United States Second Circuit


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