Kossler v. Crisanti

ALDISERT, Circuit Judge, with whom Circuit Judges SLOVITER, MCKEE and AMBRO join,

dissenting in part and concurring in part.

Michael Kossler appeals from an order of summary judgment, entered by the District Court for the Western District of Pennsylvania, dismissing his state and federal malicious prosecution claims against Donzi’s Bar and Police Officer Steven Crisanti. For the reasons that follow, I would affirm in part and reverse in part.

I

To prove an action for malicious prosecution brought under 42 U.S.C. § 1983 or under Pennsylvania law, a plaintiff must establish, inter alia, that the…