Can a defendant be found guilty of malicious prosecution by reason of false arrest?
MultiRegion, United States of America
The following excerpt is from Coleman v. City of N.Y., 16-915 (2nd Cir. 2017):
1. The tort of malicious prosecution relates to deprivations of liberty pursuant to legal process--meaning either post-arraignment or as a result of arrest pursuant to warrant. Deprivations of liberty from the moment of warrantless arrest until arraignment are not pursuant to legal process, and therefore implicate the separate tort of false arrest. Singer v. Fulton Cty. Sheriff, 63 F.3d 110, 116-17 (2d Cir. 1995).
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