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DRI submits amicus curiae brief to SCOTUS on important malicious-prosecution case.

By Dale Conder posted 08-11-2016 12:01 PM

  
In Manuel v. City of Joliet, 590 Fed.Appx. 641 (7th Cir. 2015), cert. granted, 136 S.Ct. 890 (2016), the Seventh Circuit affirmed the dismissal of Manuel's malicious-prosecution claim brought under 42 U.S.C. § 1983. The Seventh Circuit holds that a malicious-prosecution claim must be founded on the right to due process and not the Fourth Amendment. Therefore, if state law provides an adequate remedy, there can be no cause of action under the federal Constitution. Manuel is asking SCOTUS to hold that a malicious-prosecution claim can be brought under the Fourth Amendment. DRI's amicus brief  argues there is no textual or historical basis for such an expansion of the Fourth Amendment.
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