Is there probable cause to prosecute on charges that ended in acquittal?
MultiRegion, United States of America
The following excerpt is from Jones v. City of N.Y., 20-1442 (2nd Cir. 2021):
As to the charges that ended in acquittal, the complaint does not adequately allege that there was no probable cause to prosecute. "Once a suspect has been indicted [New York] law holds that the Grand Jury action creates a presumption of probable cause." Rothstein v. Carriere, 373 F.3d 275, 282-83 (2d Cir. 2004). This presumption may be rebutted by showing that the indictment
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