CA5: Ptf’s indictment by a Texas grand jury cuts off his malicious prosecution claim

Plaintiff’s indictment by a Texas grand jury cuts off his malicious prosecution claim. There was no evidence the grand jury was misled. Curtis v. Sowell, 2019 U.S. App. LEXIS 4666 (5th Cir. Feb. 15, 2019).

Defendant was encountered by police officers, and he had something in his hand which concerned them. The officers were 5’10” and 5’4″ and defendant was 6’4″ and 300 pds. When he moved his hand behind his back apparently to hide it, the officer went for his hand for officer safety and brushed against a gun in defendant’s back waistband. It was legitimate to frisk him. United States v. Fredericks, 2018 U.S. Dist. LEXIS 221247 (M.D. Fla. Dec. 18, 2018).*

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