United States Fourth Circuit

In a suit against a police officer and others, alleging a Fourth Amendment claim under 42 U.S.C. section 1983 and a state law claim for malicious prosecution, arising from an imprisonment for more than three months based on mistaken identity, district court's judgment is affirmed as plaintiff is unable to establish that his seizure was pursuant to legal process that was not supported by probable cause and he has not shown the essential constitutional violation underlying the section 1983 claim. Further, because there was probable cause for plaintiff's arrest and detention, the state law malicious prosecution claim fails as well.

Appellate Information

• Decided 08/08/2012
• Published 08/08/2012

Judges

Court

• United States Fourth Circuit

Counsel