CA10: 4A claim not stated for malicious prosecution where no arrest

Plaintiff couldn’t state a Fourth Amendment claim for malicious prosecution where she was not arrested by the officer. He presented his findings to the prosecutor who filed a charge. Fisher v. Koopman, 2017 U.S. App. LEXIS 8940 (10th Cir. May 23, 2017)

2254 petitioner claimed, inter alia, that he was arrested and searched without probable cause. The case was dismissed on limitations grounds without mention of the Stone v. Powell bar. Faircloth v. Raemisch, 2017 U.S. App. LEXIS 8941 (10th Cir. May 23, 2017).*

This entry was posted in Seizure. Bookmark the permalink.

Comments are closed.