CA6: § 1983 malicious prosecution claims are made under 4A not 14A

Malicious prosecution claims are to be brought under the Fourth Amendment and not substantive due process. Davis v. Gallagher, 2020 U.S. App. LEXIS 6180 (6th Cir. Feb. 28, 2020).

Driving with hands at the 10 and 2 position was suspect [Despite the fact that we were all taught to do that in driver’s ed in high school?] and then the driver didn’t look over at him as he pulled along side. He had reason to stop the car for following too close, and then there were furtive movements in the car. That was reasonable suspicion. United States v. Muller, 2020 U.S. Dist. LEXIS 34205 (D. Kan. Feb. 28, 2020).*

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