Justices To Hear 4th Amendment Malicious Prosecution Case
Law360, New York (January 19, 2016, 3:02 PM EST) -- The U.S. Supreme Court on Tuesday agreed to consider whether an Illinois man can sue under the Fourth Amendment for malicious prosecution after being arrested and charged on falsified evidence, taking up an issue that has divided appellate courts.
The high court granted Elijah Manuel’s petition for writ of certiorari after Manuel argued that the Seventh Circuit is the only federal appellate court to explicitly bar plaintiffs from bringing malicious prosecution claims under the Fourth Amendment if they are held in prison on false charges or without probable cause even after undergoing a legal process such as an arraignment.
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