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- Title
MALICIOUS PROSECUTION CLAIMS IN SECTION 1983 LAWSUITS.
- Authors
Kossis, Lyle
- Abstract
The article discusses lawsuits filed under the U.S. law 42 U.S.C. § 1983 regarding malicious government criminal prosecutions. The author begins by examining the history of the malicious prosecution tort, and goes on to explain how the Fifth Amendment to U.S. Constitution's Grand Jury Clause and the Fourteenth Amendment's Due Process Clause can be used to better incorporate malicious prosecution claims into Section 1983 lawsuits. Other topics addressed include common law and arrest warrants.
- Subjects
UNITED States; MALICIOUS prosecution; TORTS; CONSTITUTIONAL law; UNITED States. Constitution. 5th Amendment; UNITED States. Constitution. 14th Amendment; DUE process of law; GRAND jury; WARRANTS (Law)
- Publication
Virginia Law Review, 2013, Vol 99, Issue 7, p1635
- ISSN
0042-6601
- Publication type
Article