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United States section 1983malicious prosecutionprobable cause

Hand v. Gary

Hand v. Gary, 838 F.2d 1420 (5th Cir. 1988)
JurisdictionUnited States
CourtUnited States Court of Appeals for the Fifth Circuit
Year1988
StatusBinding authority

Key Principle

In a Section 1983 malicious-prosecution claim, the protection ordinarily afforded by a finding of probable cause can be defeated where that probable cause is tainted by the malicious or bad-faith actions of government officials.

Area of Law

General

Related Cases

Klein v. Martin 607 U. S. 213 (2026)
Ellingburg v. United States 607 U.S. ___ (2026)
Inc. v. Palmquist 607 U.S. 421 (2026)

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