AELE LAW LIBRARY OF CASE SUMMARIES:
Civil Liability
of Law Enforcement Agencies & Personnel


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Abuse of Process

     A man who previously worked as a confidential drug informant sued a DEA agent and city police for false drug charges allegedly brought against him, claiming malicious prosecution, abuse of process, and deprivation of (and conspiracy to deprive him of) his constitutional rights on the basis of race or color. The DEA agent was entitled to absolute immunity for his allegedly false grand jury testimony against the plaintiff. The alleged cooperation between the DEA agent and the city police did not support an inference that they acted for an improper motive, and no discriminatory animus was shown. Abuse of process, malicious prosecution, and racial discrimination claims were all rejected. Morales v. City of New York, #13-2126, 2014 U.S. App. Lexis 9157 (2nd Cir.).
     Property owner and manager were not "seized" for purposes of a Fourth Amendment claim as a result of the issuance of arrest warrants against them when they were both able to merely pick up a summons and complaint against them at the police station and had to attend court on several occasions before charges concerning alleged housing code violations were dropped. They suffered no "deprivation of liberty" by simply being required to attend court proceedings in this manner. Their claim that the warrants were issued without probable cause did not amount to "abuse of process" either, in the absence of a claim that officials who obtained the warrants intended to accomplish something other than their criminal punishment. Zak v. Robertson, 249 F. Supp. 2d 203 (D. Conn. 2003). [N/R]
      333:133 Georgia notice of claims statute only applied to claims that married couple arrested after school board meeting had against the city, not to claims against individual city employees; couple's counter-claim for alleged abusive litigation was improper in officer's lawsuit against them for injuries, since it could only be brought after the termination of the first lawsuit. Jacobs v. Littleton, Nos. A99A2014-A99A2016, 525 S.E.2d 433 (Ga. App. 1999).
     301:11 Prisoner could not pursue federal civil rights malicious prosecution claim against officers when his conviction for murder had not been overturned; vague allegations that officers arrested him and "orchestrated" his prosecution because of his active participation in the Muslim community were insufficient for an abuse of process claim. Duamutef v. Morris, 956 F.Supp. 1112 (S.D.N.Y. 1997).
     283:99 Motorist was properly issued a ticket for not wearing a seat belt; even if deputy's motivation in issuing ticket was providing a basis for justifying the continuance of deputy jobs and raising money for the county, this did not constitute an abuse of process Ackermann v. Maloney, 636 N.Y.S.2d 882 (A.D. 1996).

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