Legal Opinion
Castellano v. Fragozo
Court of Appeals for the Fifth Circuit
Decided December 5, 2003No. 00-50591PublishedCited by 294 opinions
1Opinion of the Court
PATRICK E. HIGGINBOTHAM, Circuit Judge:
Today we examine our uncertain law attending a claim of malicious prosecution with its undisciplined mix of constitutional and state tort law. We decide that “malicious prosecution” standing alone is no violation of the United States Constitution, and that to proceed under 42 U.S.C. § 1983 such a claim must rest upon a denial of rights secured under federal and not state law.
Alfred Castellano sought damages for his wrongful conviction of arson, asserting claims under the First, Fourth, Fifth, Sixth, Eighth, and Fourteenth Amendments. Before trial the…
2Cases cited54 opinions
- Brady v. MarylandSupreme Court of the United States · 1963
- Graham v. ConnorSupreme Court of the United States · 1989
- Heck v. HumphreySupreme Court of the United States · 1994
- Daniels v. WilliamsSupreme Court of the United States · 1986
- Albright v. OliverSupreme Court of the United States · 1994
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3Cited by294 opinions
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- Gregory v. City of LouisvilleCourt of Appeals for the Sixth Circuit · 2006
- Byron Halsey v. Frank PfeifferCourt of Appeals for the Third Circuit · 2014
- Deville v. MarcantelCourt of Appeals for the Fifth Circuit · 2009
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