The following excerpt is from Edelman v. Schultz, 16-171-cv (2nd Cir. 2017):
2. The same is true of any claim for malicious prosecution based on these allegations. See Roberts v. Babkiewicz, 582 F.3d 418, 420 (2d Cir. 2009) (per curiam) ("In order to prevail on a 1983 claim against a state actor for malicious prosecution, a plaintiff must show a violation of his rights under the Fourth Amendment, and establish the elements of a malicious prosecution claim under state law. To prevail on a malicious prosecution claim under Connecticut law, a plaintiff must prove the following elements: (1) the defendant initiated or continued criminal proceedings against the plaintiff; (2) the criminal proceeding terminated in favor of the plaintiff; (3) the defendant acted without probable cause; and (4) the defendant acted with malice." (internal quotation marks and citation omitted)).
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