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