Legal Opinion

Charles Mozzochi v. Richard S. Borden, Jr., Paul J. Gibbons, Richard S. Borden, Jr., Paul J. Gibbons, Town of Glastonbury

Court of Appeals for the Second Circuit

Decided March 19, 1992No. 15-3961PublishedCited by 131 opinions

1Opinion of the Court

MESKILL, Circuit Judge:

This case raises the question whether government officials enjoy qualified immunity for causing a criminal prosecution to be brought and maintained against an individual where the prosecution was supported by probable cause but was allegedly motivated by a desire to chill the exercise by the criminal defendant of rights guaranteed by the First Amendment. The United States District Court for the District of Connecticut, Dorsey, J, held that the officials were not entitled to such immunity. Because the district court framed the qualified immunity question too generally,…

2Cases cited17 opinions

  1. Harlow v. FitzgeraldSupreme Court of the United States · 1982
  2. Anderson v. CreightonSupreme Court of the United States · 1987
  3. Mitchell v. ForsythSupreme Court of the United States · 1985
  4. Mt. Healthy City School District Board of Education v. DoyleSupreme Court of the United States · 1977
  5. National Ass'n for the Advancement of Colored People v. ButtonSupreme Court of the United States · 1963

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3Cited by131 opinions

  1. Reichle v. HowardsSupreme Court of the United States · 2012
  2. Hartman v. MooreSupreme Court of the United States · 2006
  3. Fabrikant v. FrenchCourt of Appeals for the Second Circuit · 2012
  4. Mark Cook v. Roberta Sheldon and Nelson Saldana, New York State TroopersCourt of Appeals for the Second Circuit · 1994
  5. Smith v. CampbellCourt of Appeals for the Second Circuit · 2015

126 more not listed; retrieve them via the Exa API.

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