Does a finding of false arrest and malicious prosecution have to overcome the presumption of probable cause in a criminal case?

MultiRegion, United States of America

The following excerpt is from Demosthene v. City of N.Y., 19-3002 (2nd Cir. 2020):

would overcome the presumption of probable cause that attaches to the grand jury's indictment. See Bermudez v. City of New York, 790 F.3d 368, 377 (2d Cir. 2015) (explaining that presumption of probable cause from an indictment "can only be overcome by evidence that the indictment was the product of fraud, perjury, the suppression of evidence by the police, or other police conduct undertaken in bad faith" (internal quotation marks omitted)). Accordingly, we affirm the district court's dismissal of the false arrest and malicious prosecution claims.3

Other Questions


What are the consequences of false arrest and malicious prosecution on a plaintiff in a civil case? (MultiRegion, United States of America)
Is probable cause to arrest an affirmative defense to a claim of false arrest? (MultiRegion, United States of America)
What is the test for probable cause in a false arrest case? (MultiRegion, United States of America)
What is the test for probable cause in a false arrest case? (MultiRegion, United States of America)
What is probable cause to arrest for false arrest? (MultiRegion, United States of America)
Can a federal civil rights claim for false arrest where the arresting officer had probable cause? (MultiRegion, United States of America)
What is the test for probable cause probable cause of action in a case where a suitcase was found to contain contraband at an airport? (MultiRegion, United States of America)
When there is no probable cause to arrest, does a police officer have qualified immunity from a claim of false arrest? (MultiRegion, United States of America)
How have the courts determined that there was probable cause to arrest and not a false arrest? (MultiRegion, United States of America)
Is the invalidity of an arrest warrant invalidated if the arresting officer himself originally had ample probable cause to arrest? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.