{"id":9102,"date":"2013-09-17T07:22:42","date_gmt":"2013-07-21T08:54:33","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2013-07-21T08:54:33","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=9102","title":{"rendered":"CA1 recognizes “Fourth Amendment malicious prosecution” claim"},"content":{"rendered":"

Plaintiff alleged in his 1983 case he was held for three months without probable cause. He stated a claim for “Fourth Amendment malicious prosecution.” Here, plaintiff didn’t even match the description of the person the police were looking for. Hernandez-Cuevas v. Taylor<\/a>, 723 F.3d 91 (1st Cir. 2013):<\/p>\n

<\/p>\n

This case requires us to decide for the first time whether an individual who alleges that the unlawful conduct of law enforcement officers caused him to be held for three months in pretrial detention without probable cause states a Fourth Amendment claim actionable through a Bivens suit. Often called a “Fourth Amendment malicious prosecution” claim, the existence and contours of such a claim are the subject of considerable discord among the Courts of Appeals. After reviewing the relevant case law, we conclude that an individual’s Fourth Amendment right to be free from seizure but upon probable cause continues through the pretrial period, and that, in certain circumstances, injured parties can vindicate that right through a \u00a7 1983 or Bivens action. Furthermore, because we agree with the district court that Hernandez-Cuevas has pleaded facts which, if true, would be sufficient to establish that Taylor and Martz violated his Fourth Amendment rights, we affirm the denial of qualified immunity and remand for further proceedings.<\/p><\/blockquote>\n","protected":false},"excerpt":{"rendered":"

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