United States Third Circuit

In a suit brought under 42 U.S.C. section 1983 and state law alleging that various police and fire officials, as well as a county and township, violated her constitutional rights in connection with criminal proceedings against her, the District Court's grant of defendant's motion to dismiss under Federal Rule of Civil Procedure 12(b)(6) is vacated where the District Court erred in: 1) determining that plaintiff was not 'seized' as required for a Fourth Amendment malicious prosecution claim; and 2) finding that plaintiff's Fourteenth Amendment due process claim for fabricated evidence required that she be convicted at trial, since she was acquitted.

Appellate Information

• Published 2016/08/30

Judges

• CHAGARES

Court

• United States Third Circuit

Counsel