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NEWSOME v. MCCABE, 00-2326

Malicious prosecution claims should be analyzed under the language of the Constitution itself and, if state law withholds a remedy, determine if the person seized by state had an adequate opportunity to defend himself in the criminal prosecution.

Appellate Information

  • Decided 07/11/2001
  • Published 07/11/2001


  • EASTERBROOK, Circuit Judge., Before FLAUM, Chief Judge, and EASTERBROOK and DIANE P. WOOD, Circuit Judges.



  • For Appellees:
  • David Odom (argued), Chicago, IL, Sean W. Gallagher, Bartlit, Beck, Herman, Palenchar & Scott, Chicago, IL, for Plaintiff-Appellee., Lawrence Rosenthal (argued), Jean Dobrer, Office of Corp. Counsel, Appeals Div., Chicago, IL, for Defendants-Appellants.
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