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eBook details

• Title: Cook v. Sheldon
• Author : Second Circuit U.S. Court Of Appeals
• Release Date : January 02, 1994
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 56 KB

Description

McLAUGHLIN, Circuit Judge : Mark Cook brought a civil rights action under 42 U.S.C. § 1983 against two New York State Troopers in the United States District Court for the Southern District of New York (Louis L. Stanton, Judge). The claims are based on false arrest, malicious prosecution, and malicious abuse of process. Cook alleges that the Troopers first arrested him and then charged him with a felony, both without probable cause. They did this, Cook maintains, because he had the temerity to advise his friend, who was being interrogated, to remain silent and to get a lawyer. The district court denied the Troopers' motion for summary judgment on qualified immunity grounds, holding that the Troopers' motive to arrest and prosecute Cook was an issue of fact.

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