The following excerpt is from Dettelis v. Sharbaugh, 919 F.3d 161 (2nd Cir. 2019):
To state a 42 U.S.C. 1983 claim for malicious prosecution, a plaintiff must plead both "a violation of his rights under the Fourth Amendment" and "the elements of a malicious prosecution claim under state law." See Manganiello v. City of New York , 612 F.3d 149, 16061 (2d Cir. 2010). Under New York law, a malicious-prosecution claim requires a plaintiff to show "(1) the initiation or continuation of a criminal proceeding against plaintiff; (2) termination of the proceeding in plaintiffs
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favor; (3) lack of probable cause for commencing the proceeding; and (4) actual malice as a motivation for the defendants actions." Murphy v. Lynn , 118 F.3d 938, 947 (2d Cir. 1997) (internal quotation marks omitted).
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