Is a claim for malicious prosecution or abuse of process cognizable under Section 1983?

MultiRegion, United States of America

The following excerpt is from Williams v. Stover, Case No. 1:20-cv-00063-NONE-SAB (E.D. Cal. 2020):

A claim for malicious prosecution or abuse of process is not generally cognizable under Section 1983 if a process is available within the state judicial system to provide a remedy. Usher v. City of Los Angeles, 828 F.2d 556, 561 (9th Cir. 1987) (citations omitted). The exception is "when a malicious prosecution is conducted with the intent to deprive a person of equal protection of the laws or is otherwise intended to subject a person to denial of constitutional rights." Id. (citations omitted).

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