[Download] "Mozzochi v. Borden" by United States Court of Appeals for the Second Circuit # Book PDF Kindle ePub Free
eBook details
- Title: Mozzochi v. Borden
- Author : United States Court of Appeals for the Second Circuit
- Release Date : January 19, 1992
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 60 KB
Description
This case raises the question whether government officials enjoy qualified immunity for causing a criminal prosecution to be brought and maintained against an individual where the prosecution was supported by probable cause but was allegedly motivated by a desire to chill the exercise by the criminal defendant of rights guaranteed by the First Amendment. The United States District Court for the District of Connecticut, Dorsey, J., held that the officials were not entitled to such immunity. Because the district court framed the qualified immunity question too generally, it wrongly concluded that the defendant officials alleged actions violated clearly established constitutional rights. In doing so, the court erred. We therefore reverse the decision and remand this matter to the district court.