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Home / Opinion Digests / Civil Rights – Theft Arrests – Probable Cause (access required)

Civil Rights – Theft Arrests – Probable Cause (access required)

Acknowledging “skepticism” in the 4th Circuit as to whether the right to avoid malicious prosecution is a “clearly established” constitutional right, a magistrate judge for the Big Stone Gap U.S. District Court recommends dismissal of plaintiff’s § 1983 suit alleging a lack of probable cause – based on mistaken identity – for plaintiff’s arrest by ...