Gonzalez Rucci v. United States Immigr. & Naturalization Serv., 405 F.3d 45 (1st Cir. 2005). · Go Syfert
Gonzalez Rucci v. United States Immigr. & Naturalization Serv., 405 F.3d 45 (1st Cir. 2005). Cases Citing This Book View Copy Cite
G Cite
cited 3× by 3 distinct cases, 2008–2021 · 3 courts · …generally, a grand jury indictment definitively establishes probable cause. at p. 49
77 citation events (77 in the last 25 years) across 14 distinct courts.
Strongest positive: Lozada-Manzano v. United States (prd, 2021-03-19)
Treatment trajectory · 2005 → 2026 · click a year to view as-of
2005 2015 2026
Top citers, strongest first. 40 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) Lozada-Manzano v. United States (2×) also: Cited "see, e.g."
D.P.R. · 2021 · signal: see also · quote attribution · 1 verbatim quote · confidence high
generally, a grand jury indictment definitively establishes probable cause.
discussed Cited as authority (verbatim quote) Christopher Kean, Plaintiff v. City of Manchester; Manchester Police Department; Chief David J. Mara; and Officer Kelly L. McKenney, Defendants
D.N.H. · 2015 · quote attribution · 1 verbatim quote · confidence high
generally, a grand jury indictment definitively establishes probable cause . . . unless defendants wrongfully obtained the indictment by knowingly presenting false testimony to the grand jury.
discussed Cited as authority (rule) Sanchez-Jimenez v. United States
1st Cir. · 2025 · confidence medium
And this is where Sánchez gets tripped up, as defendants argue. "'[A] grand jury indictment definitively establishes probable cause' unless 'law enforcement defendants wrongfully obtained the indictment by knowingly presenting false testimony to the grand jury.'" Id. (alteration in original) (quoting González Rucci v. U.S. INS, 405 F.3d 45, 49 (1st Cir. 2005)).
cited Cited as authority (rule) Contreras-Laboy v. Del Pilar-Abreu
D.P.R. · 2025 · confidence medium
See, Díaz-Nieves v. U.S., 838 F.3d 678, 688 (1st Cir. 2017)(discussing topic); González Rucci v. Page 9 U.S.I.N.S., 405 F.3d 45, 49 (1st Cir. 2005)(similar).
discussed Cited as authority (rule) Puerto Rico Soccer League NFP, Corp. v. Federacion Puertorriquena de Futbol
D.P.R. · 2024 · confidence medium
“Under Puerto Rico law, ‘[t]he two basic elements of abuse of process are a bad motive, and the use of a legal process for an improper, collateral objective.’” Gonzalez Rucci v. U.S. INS, 405 F.3d 45, 49 (1st Cir. 2005) (citation omitted) (emphasis added).
discussed Cited as authority (rule) Miller v. Tyler Louthan
D.P.R. · 2024 · confidence medium
Motors Corp., 2007 WL 1557102 , at *1 (citing González-Rucci v. U.S. I.N.S., 405 F.3d 45, 49 (1st Cir. 2005) (stating that the two basic elements of an abuse of process claim under Puerto Rico law are a bad motive and use of the legal process for an improper, collateral objective)).
discussed Cited as authority (rule) Lozada-Manzano v. United States
1st Cir. · 2023 · confidence medium
To prove a malicious prosecution claim under Puerto Rico law, plaintiffs must prove four elements: "1) that a criminal action was initiated or instigated by the defendants; 2) that the criminal action terminated in favor of [the] plaintiff[s]; 3) that [the] defendants acted with malice and without probable cause; and 4) that [the] plaintiff[s] suffered damages." Gonzalez Rucci v. U.S. INS, 405 F.3d 45, 49 (1st Cir. 2005) (second and fifth alterations in original) (quoting Nogueras-Cartagena v. United States, 172 F. Supp. 2d 296, 315 (D.P.R. 2001), aff'd sub nom.
cited Cited as authority (rule) Cruzado-Laureano v. US Attorneys Office of Puerto Rico
D.P.R. · 2023 · confidence medium
Rucci v. United States INS, 405 F.3d 45, 49 (1st Cir. 2005).
cited Cited as authority (rule) Quinones-Pimentel v. Cannon
D.P.R. · 2022 · confidence medium
Rucci v. United States INS, 405 F.3d 45, 49 (1st Cir. 2005).
discussed Cited as authority (rule) DelFuoco v. NH Attorney General (2×) also: Cited "see"
D.N.H. · 2020 · confidence medium
Gonzalez Rucci v. I.N.S., 405 F.3d 45, 49 (1st Cir. 2005).
discussed Cited as authority (rule) Janet Marie DelFuoco v. Richard Tracy1 (2×) also: Cited "see"
D.N.H. · 2020 · confidence medium
Gonzalez Rucci v. I.N.S., 405 F.3d 45, 49 (1st Cir. 2005).
cited Cited as authority (rule) Lucien-Calixte v. David
D. Mass. · 2019 · confidence medium
Generally, “a grand jury indictment definitively establishes probable cause.” Gonzalez Rucci v. I.N.S., 405 F.3d 45, 49 (1st Cir. 2005).
discussed Cited as authority (rule) Isaacs v. Trustees of Dartmouth College, et al.
D.N.H. · 2018 · confidence medium
In this context, the “right stuff” is an “underlying claim[] [that has] a reasonable chance of success on the merits.” Gonalez Rucci v. U.S. INS, 405 F.3d 45, 48 (1st Cir. 2005) (citing 6 Caisse v. DuBois, 346 F.3d 213, 215-16 (1st Cir. 2003)); Beshear v. Weinzapfel, 474 F.2d 127, 132 (7th Cir. 1973) (the movant, if a plaintiff, “must show facts which, if established, might reasonably be said to be a basis for recovery”) (emphasis supplied); Gomes v. Williams, 420 F.2d 1364, 1366 (10th Cir. 1970) (similar); Lepkowski v. U.S. Dep’t of Treasury, 804 F.2d 1310 , 1314 n.4 (D.C.
discussed Cited as authority (rule) Bobbett v. City of Portsmouth, et al.
D.N.H. · 2018 · confidence medium
An indictment “‘definitively establishes probable cause’ unless, at the pleading stage, the plaintiff asserts that ‘the defendants wrongfully obtained the indictment by knowingly presenting false testimony to the grand jury.’” Id. (quoting Gonzalez Rucci v. United States I.N.S., 405 F.3d 45, 49 (1st Cir. 2005)). 1.
discussed Cited as authority (rule) Diaz-Nieves v. United States
1st Cir. · 2017 · confidence medium
To succeed on a malicious prosecution claim, the claimant must prove four elements: “(1) that a criminal action was initiated or instigated by the defendants; (2) that the criminal action terminated in favor of plaintiff; (3) that defendants acted with malice and without probable cause; and (4) that plaintiff suffered damages.” Barros-Villahermosa v. United States, 642 F.3d 56, 58 (1st Cir. 2011) (quoting Gonzalez Rucci v. U.S. I.N.S., 405 F.3d 45, 49 (1st Cir. 2005)).
discussed Cited as authority (rule) Diaz-Nieves v. United States
D.P.R. · 2015 · confidence medium
To prove malicious prosecution under Puerto Rico law, a plaintiff must show: “1) that a criminal action was initiated or instigated by the defendant; 2) that the criminal action terminated in favor of plaintiff; 3) that defendants acted with malice and without probable cause; and 4) that plaintiff suffered damages.” Barros-Villahermosa v. United States, 642 F.3d 56, 58 (1st Cir.2011) (quoting Gonzalez Rued v. U.S. INS, 405 F.3d 45, 49 (1st Cir.2005)).
discussed Cited as authority (rule) United States v. Mahoney
D. Mass. · 2015 · confidence medium
Relief from a final judgment is “extraordinary in nature,” and requires “a movant [to] demonstrate that (1) the motion is timely, (2) exceptional circumstances justify granting extraordinary relief, and'(3) vacating the judgment will not cause unfair prejudice to the opposing party.” Gonzalez Rued v. I.N.S., 405 F.3d 45, 48 (1st Cir.2005).
cited Cited as authority (rule) Thomsen v. Chaney
Me. Super. Ct · 2013 · confidence medium
Gonzalez-Rucci v. Immigration and Naturalization Service, 405 F.3d 45, 49 (1st Cir. 2005).
cited Cited as authority (rule) Paret-Ruiz v. United States
D.P.R. · 2013 · confidence medium
However, a grand jury indictment obtained by perjury does not “definitively establish probable cause.” Rued v. United States INS, 405 F.3d 45, 49 (1st Cir.2005).
discussed Cited as authority (rule) Ojo v. Lorenzo
N.H. · 2013 · confidence medium
See Annotation, Malicious Prosecution: Effect of Grand Jury Indictment on Issue of Probable Cause, 28 A.L.R.3D 748 (1969) (Supp. 2012); Gonzalez Rued v. United States I.N.S., 405 F.3d 45, 49 (1st Cir. 2005) (indictment “definitively establishes probable cause” unless, at the pleading stage, the plaintiff asserts that “the defendants wrongfully obtained the indictment by knowingly presenting false testimony to the grand jury”); Alvarado v. City of New York, 453 Fed.
discussed Cited as authority (rule) Diaz-Colon v. Toledo-Davila
D.P.R. · 2013 · confidence medium
With regards to the first requirement, state action for malicious prosecution, the plaintiffs “must prove four elements: ‘1) that a criminal action was initiated or instigated by the defendants; 2) that the criminal action terminated in favor of plaintiff; 3) that defendants acted with malice and without probable cause; and 4) that plaintiff suffered damages.’ ” Barros-Villahermosa, 642 F.3d at 58 (quoting Gonzalez Rucci v. U.S. I.N.S., 405 F.3d 45, 49 (2005)).
cited Cited as authority (rule) Gillman v. Schlagetter
S.D. Ohio · 2010 · confidence medium
Ru cci v. United States I.N.S., 405 F.3d 45, 49 (1st Cir.2005).
discussed Cited as authority (rule) United States v. Poulin
D. Me. · 2008 · confidence medium
In performing this function, however, the Court must be guided by both (1) the principle that “[g]enerally, a grand jury indictment definitively establishes probable cause,” Gonzalez-Rucci v. United States INS, 405 F.3d 45, 49 (1st Cir.2005); and (2) the admonition that it is “ ‘up to the jury to determine whether the images ... constitute visual depictions of sexually explicit conduct.’ ” United States v. Wilder, 526 F.3d 1, 12 (1st Cir.2008) (quoting Frabizio, 459 F.3d at 85 ) (emphasis and alteration in original).
discussed Cited as authority (rule) González-Rucci v. United States Immigration & Naturalization Service
1st Cir. · 2008 · confidence medium
On appeal, we affirmed the dismissal of the Bivens claims, González Rued v. U.S. Immigration & Naturalization Serv., 405 F.3d 45, 48 (1st Cir.2005) (“González-Rucci I”), but reversed the dismissal of the malicious prosecution and abuse of process claims, holding that they were viable.
cited Cited as authority (rule) Garcia v. City of Merced
E.D. Cal. · 2008 · confidence medium
Gonzalez v. I.N.S., 405 F.3d 45, 50 (1st Cir.2005).
cited Cited as authority (rule) Segarra Jimenez v. Banco Popular, Inc.
D.P.R. · 2006 · confidence medium
Ayala v. San Juan Racing Corp., 112 DPR 804, 811-12 (1982). see also, Gonzalez Rued v. U.S. I.N.S., 405 F.3d 45, 49 (1st Cir.2005).
discussed Cited "see" CalderóN-López v. United States (2×)
usdistct · 2018 · signal: see · confidence high
See id. 4 Malicious prosecution "permits damages for confinement imposed pursuant to legal process." Heck v. Humphrey , 512 U.S. 477 , 482, 114 S.Ct. 2364 , 129 L.Ed.2d 383 (1994).
discussed Cited "see" Paret-Ruiz v. United States (2×)
D.P.R. · 2012 · signal: see · confidence high
See Gonzalez Rued v. U.S. I.N.S., 405 F. 3d 45, 49 (1st Cir.2005).
cited Cited "see" Pinero v. United States
D.P.R. · 2012 · signal: see · confidence high
See id. [Gonzalez Rued v. U.S. Immigration & Naturalization Service, 405 F.3d 45, 49 (1st Cir.2005) (quoting Rodriguez v. United States, 54 F.3d 41, 44 (1st Cir.1995)) ].
discussed Cited "see" Barros-Villahermosa v. United States
1st Cir. · 2011 · signal: see · confidence high
See Gonzalez Rucci v. U.S. Immigration & Naturalization Serv., 405 F.3d 45, 49 (1st Cir.2005) (“Under the FTCA, we look to the ‘law of the place’ where the alleged wrongful actions occurred” (quoting Rodriguez v. United States, 54 F.3d 41, 44 (1st Cir.1995))).
cited Cited "see" Kennedy Ex Rel. B.D.K. v. Town of Billerica
1st Cir. · 2010 · signal: see · confidence high
See Gonzalez Rucci v. I.N.S., 405 F.3d 45, 49 (1st Cir.2005).
cited Cited "see" United States v. Thomas
D. Me. · 2008 · signal: see · confidence high
See Rucci v. United States INS, 405 F.3d 45, 49 (1st Cir.2005) (“Generally, a grand jury indictment definitively establishes probable cause.”).
cited Cited "see" Rosario v. United States
D.P.R. · 2008 · signal: see · confidence high
See, Gonzalez Rucci v. U.S. I.N.S., 405 F.3d 45, 48 (1st Cir.2005); Roman v. Townsend, 224 F.3d 24, 29 (1st Cir.2000); Pitts v. United States, 109 F.3d 832, 834 (1st Cir.1997).
cited Cited "see" Gonzalez-Rucci v. United States Immigration & Naturalization Service
D.P.R. · 2006 · signal: see · confidence high
See Gonzalez Rucci v. U.S. Immigration and Naturalization Service, 405 F.3d 45 (1st Cir.2005).
cited Cited "see" Tyler v. United States
D. Mass. · 2005 · signal: see · confidence high
See Gonzalez Rucci v. INS, 405 F.3d 45, 49 (1st Cir.2005).
discussed Cited "see, e.g." Warner v. Warner
D. Neb. · 2024 · signal: see, e.g. · confidence medium
See, e.g., Gonzales Rucci v. INS, 405 F.3d 45, 50 (1st Cir. 2005) (stating that “obtaining search and arrest warrants by means of false testimony is a proper basis for a claim of abuse of process”).
discussed Cited "see, e.g." Jarvis v. WEST VIRGINIA STATE POLICE
W. Va. · 2010 · signal: see also · confidence medium
See, e.g., White v. Frank, 855 F.2d 956, 961-62 (2d Cir.1988) (“[Tjhough an indictment by a grand jury is generally considered prima facie evidence of probable cause in a subsequent civil action for malicious prosecution, this presumption may be rebutted by proof that the defendant misrepresented, withheld, or falsified evidence.”); see also Gonzalez Rucci v. INS, 405 F.3d 45, 49 (1st Cir.2005) (generally an indictment establishes probable cause, but there is an exception if law enforcement officers knowingly presented false testimony to the grand jury); Rothstein v. Carriere, 373 F.3d 275…
discussed Cited "see, e.g." Moore v. Hartman
D.D.C. · 2010 · signal: see also · confidence medium
Similarly, in Hand v. Gary, the Fifth Circuit held that “the finding of probable cause [can be] tainted by the malicious actions of ... government officials,” 838 F.2d 1420, 1426 (5th Cir.1988), such as the use of “extreme methods” to extract evidence from witnesses, the lack of any basis for the initial investigation, the investigator’s personal interest in the prosecution and other indicia of bad faith, see id. at 1425 ; see also Gonzalez Rucci v. U.S. Immigration & Naturalization Serv., 405 F.3d 45, 49 (1st Cir.2005) (holding that “a grand jury indictment definitively establishe…
discussed Cited "see, e.g." Moore v. Hartman
D.D.C. · 2010 · signal: see also · confidence medium
Similarly, in Hand v. Gary, the Fifth Circuit held that “the finding of probable cause [can be] tainted by the malicious actions of . . . government officials,” 7 838 F.2d 1420, 1426 (5th Cir. 1988), such as the use of “extreme methods” to extract evidence from witnesses, the lack of any basis for the initial investigation, the investigator’s personal interest in the prosecution and other indicia of bad faith, see id. at 1425 ; see also Gonzalez Rucci v. U.S. Immigration & Naturalization Serv., 405 F.3d 45, 49 (1st Cir. 2005) (holding that “a grand jury indictment definitively esta…
discussed Cited "see, e.g." Moore v. Hartman
D.C. Cir. · 2009 · signal: see also · confidence medium
See, e.g., White v. Frank, 855 F.2d 956, 961-62 (2d Cir.1988) (“[T]hough an indictment by a grand jury is generally considered prima facie evidence of probable cause in a subsequent civil action for malicious prosecution, this presumption may be rebutted by proof that the defendant misrepresented, withheld, or falsified evidence.”); see also Gonzalez Rued v. INS, 405 F.3d 45, 49 (1st Cir.2005) (generally an indictment establishes probable cause, but there is an exception if law enforcement officers knowingly presented false testimony to the grand jury); Rothstein v. Carriere, 373 F.3d 275,…
Retrieving the full opinion text from the archive…
Rosaura GONZALEZ RUCCI, Plaintiff, Appellant,
v.
UNITED STATES IMMIGRATION AND NATURALIZATION SERVICE; United States Department of Justice; U.S. Attorney General for the District of Puerto Rico; United States; Andres Nunez; Charles Kirk; Myrna A. Pere; Roberto Ramos; Luis A. Reyes; Vivian Reyes; Maritza Soto, Defendants, Appellees
04-1274.
Court of Appeals for the First Circuit.
Apr 21, 2005.
405 F.3d 45
2005 U.S. App. LEXIS 6844
2005 WL 914195
Lixandra Osorio Felix and Nicolas No-gueras, Jr. Law Offices, on brief for appellant., Isabel Muñoz-Acosta, Assistant U.S. Attorney, H.S. Garcia, United States Attorney, and Miguel A. Fernandez, Assistant U.S. Attorney, Chief, Civil Division, on brief for appellees.
Boudin, Howard, Carter.
Cited by 41 opinions  |  Published
HOWARD, Circuit Judge.

Appellant Rosaura Gonzalez-Rucci brought this action, pursuant to the Federal Tort Claims Act (“FTCA”) and the Bivens doctrine, see Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics, 403 U.S. 388, 91 S.Ct. 1999, 29 L.Ed.2d 619 (1971), against the United States, the Immigration and Naturalization Service (“INS”), [1] and a number of immigration officers. The complaint asserts claims for malicious prosecution, abuse of process, negligence, intentional infliction of emotional distress, and violations of various constitutional rights. The upshot of the complaint is that because Gonzalez turned down the romantic overtures of defendant immigration officer Andres Nú-ñez, Nunez and his colleagues used their official positions to destroy her law practice, to obtain warrants to search her home and office, to procure her arrest, and to secure a criminal indictment against her. The alleged harassment began in 1995; peaked with Gonzalez’s indictment for various criminal offenses on September 26, 1996; and continued for some months after her acquittal on February 6, 1997.

On July 31, 2002, the district court granted defendants’ motion to dismiss and entered judgment, concluding that all of Gonzalez’s claims were cognizable either under the FTCA or as Bivens claims, but that both the FTCA and Bivens claims were untimely. On August 15, 2002, Gonzalez moved for relief from judgment under Fed. R. Civ. Pro. 60(b) as to her FTCA claims, arguing that the district court miscalculated the filing date. The government responded that even if the FTCA claims were timely, Gonzalez’s motion should be denied because she failed to[*48] state claims under the FTCA upon which relief could be granted.

In its order addressing Gonzalez’s Rule 60(b) motion, the district court reaffirmed its holding that the Bivens claims were time-barred, but agreed that the FTCA claims were timely. Nonetheless, the court denied the motion because, in its view, the malicious prosecution and abuse of process claims were inadequately pleaded under Fed. R. Civ. Pro. 12(b)(6). The court held that the indictment “conclusively” established the existence of probable cause, foreclosing the malicious prosecution claim. The court also held that the abuse of process claim was not cognizable because only defendant Núñez was alleged to have had a bad motive; bringing a lawsuit was not an abuse of process; it was too speculative to conclude that a grand jury handed down an indictment to coerce Gonzalez into a relationship with Núñez; and that the probable cause determination preempted any alleged improper collateral objectives by the defendants. Gonzalez’s notice of appeal, filed on January 26, 2004, refers only to the order denying the Rule 60(b) motion.

On appeal, Gonzalez argues that her claims for malicious prosecution and abuse of process were adequately pleaded, her Bivens claims were not time-barred, and the district court failed to address several of her other FTCA claims. Appellees respond that the district court did not abuse its discretion in denying the Rule 60(b) [2] motion because the abuse of process and malicious prosecution claims were foreclosed by the indictment and/or were inadequately pleaded, and that no timely appeal was taken as to the Bivens claims..

We begin by considering which issues are properly before us. Gonzalez did not timely appeal from the July 31, 2002 judgment. See Fed. R.App. P. 4(a); Garcia-Velazquez v. Frito Lay Snacks Caribbean, 358 F.3d 6, 8 (1st Cir.2004). Thus, we only have jurisdiction to consider the order denying Rule 60(b) relief. See Frito Lay, 358 F.3d at 11. While the Bivens timeliness issue was not clearly raised in Gonzalez’s Rule 60(b) motion, the district court nonetheless considered it in its order. Therefore, we conclude that we have jurisdiction to consider all of Gonzalez’s claims.

A district court’s denial of a Rule 60(b) motion is typically reviewed, for abuse of discretion. See Caisse v. Dubois, 346 F.3d 213, 215-16 (1st Cir.2003). Rule 60(b) relief is “extraordinary in nature,” and to warrant such relief a movant must demonstrate “that (1) the motion is timely, (2) exceptional circumstances justify granting extraordinary relief, and (3) vacating the judgment will not cause unfair prejudice to the opposing party.” Id. at 215. Moreover, a district court should only grant Rule 60(b) relief if the moving party demonstrates that the underlying claims have a reasonable chance of success on the merits. See id.

We can dispense with Gonzalez’s Bivens contentions in short order. Gonzalez’s claims accrued no later than February 6, 1997 (with her acquittal), yet she filed no claims(administrative or judicial) for nearly two years. As Bivens actions are subject to a one-year limitations period, see Roman v. Townsend, 224 F.3d 24, 29 (1st Cir.2000), the district court did not[*49] err in concluding that these claims were time-barred. The district court’s conclusion that Gonzalez’s FTCA claims were inadequately pleaded is more problematic.

Under the FTCA, we look to “law of the place” where the alleged wrongful actions occurred, see Rodriguez v. United States, 54 F.3d 41, 44 (1st Cir.1995), so Puerto Rico law provides the relevant standards for the substantive claims. To state a malicious prosecution claim, a plaintiff must allege four elements: “1) that a criminal action was initiated or instigated by the defendants; 2) that the criminal action terminated in favor of plaintiff[s]; 3) that defendants acted with malice and without probable cause; and 4) that plaintiff[s] suffered damages.” Nogueras-Cartagena v. United States, 172 F.Supp.2d 296, 315 (D.P.R.2001). The only issue here is whether the existence of the grand jury indictment was sufficient to defeat the lack of probable cause requirement.

Generally, a grand jury indictment definitively establishes probable cause. See Abreu-Guzman v. Ford, 69 F.Supp.2d 274, 285 (D.P.R.1999)(an indictment “fair upon its face” and “returned by a properly constituted grand jury conclusively determines the existence of probable cause”) (citation and internal quotation omitted). However, courts have recognized an exception if law enforcement defendants wrongfully obtained the indictment by knowingly presenting false testimony to the grand jury. See, e.g., Rothstein v. Carriere, 373 F.3d 275, 282-83 (2d Cir.2004)(applying New York law); Camiolo v. State Farm Fire & Casualty Co., 334 F.3d 345, 363 (3d Cir.2003)(applying Pennsylvania law); Moran v. Clarke, 296 F.3d 638, 657 (8th Cir.2002)(applying Missouri law); see also Nogueras-Cartagena, 172 F.Supp.2d at 315-16. Such allegations are sufficient, at the pleading stage, to rebut the presumption of probable cause established by the grand jury indictment. Nogueras-Cartagena, 172 F.Supp.2d at 315-16; cf. Rivera-Marcano v. Normeat Royal Dane Quality a/s, 998 F.2d 34, 38-39 (1st Cir.1993)(non-state actor would not be immunized from a malicious prosecution claim by the independent prosecutor’s decision to commence a criminal action if he effectively instigates the prosecution by knowingly providing false information to the authorities); Negron-Rivera v. Rivera-Claudio, 204 F.3d 287, 290 n. 1 (1st Cir.2000)(similar); Aponte Matos v. Toledo Davila, 135 F.3d 182, 187-89 (1st Cir.1998)(an officer is not entitled to qualified immunity in a 42 U.S.C. § 1983 action if there is an issue of fact as to whether he obtained the warrant relied upon by knowingly presenting false evidence). Because Gonzalez alleges that the defendants obtained the indictment, as well as the various search and arrest warrants, through the use of false testimony, she has pleaded a viable claim for malicious prosecution.

We reach a similar conclusion as to the abuse of process claim. Under Puerto Rico law, “[t]he two basic elements of abuse of process are a bad motive, and the use of a legal process for an improper, collateral objective.” Microsoft Corp. v. Computer Warehouse, 83 F.Supp.2d 256, 261 (D.P.R.2000) (citation and internal quotation omitted). Further, while malicious prosecution claims are generally directed to a legal action as a whole, abuse of process typically covers challenges to the legal action’s procedural components (e.g., discovery mechanisms or subpoenas). See Nogueras-Cartagena, 172 F.Supp.2d at 316.

The district court is correct in observing that only Núñez is specifically alleged to have had a bad motive. Howev[*50] er, this is not fatal to Gonzalez’s claim, as a wrongful motive in an abuse of process claim can be inferred from a wrongful act, see Simon v. Navon, 71 F.3d 9, 16 (1st Cir.1995), and Gonzalez alleges a host of wrongful acts committed by the other defendants. Further, while simply bringing a lawsuit may not be an abuse of process, obtaining search and arrest warrants by means of false testimony is a proper basis for a claim of abuse of process (at least for pleading purposes). See generally Nogueras-Cartagena, 172 F.Supp.2d at 316.

Concerning the “collateral objective element,” Gonzalez alleged that Núñez sought to punish her for rejecting him and that the other defendants were retaliating against her for exercising her civil rights. These are adequate improper collateral objectives for pleading purposes. Thus, Gonzalez has stated a viable abuse of process claim.

In sum, the district court acknowledged that it was mistaken in initially holding Gonzalez’s FTCA claims time-barred, but ruled that she was nevertheless not entitled to relief from judgment because her malicious prosecution and abuse of process claims were inadequately pleaded. As described above, Gonzalez has in fact stated viable malicious prosecution and abuse of process claims. The district court therefore should have granted Gonzalez’s motion for relief from judgment. [3]

Affirmed as to Plaintiffs Bivens claims and vacated and remanded as to Plaintiffs FTCA claims.

1

. In March 2003, the relevant functions of INS were assumed by the Department of Homeland Security in a reorganized Bureau of Immigration and Customs Enforcement. We will continue to refer to INS for simplicity throughout this opinion.

2

. We note that Appellant did not specify whether her motion to reconsider was brought under Fed.R.Civ.P. 59 or Fed. R.Civ.P. 60. There is some indication in the record that the district judge thought the former, while the parties on appeal assert the latter. As neither side raises any issue about this matter, we will let it pass. However, we caution that the two rules are not freely interchangeable. See generally Venegas-Hernandez v. Sonolux Records, 370 F.3d 183, 188-89 (1st Cir.2004).

3

. In so ruling, we note that the district court failed to address many of Gonzalez’s other FTCA claims, including negligence and false arrest. Because we are remanding this case for further proceedings, the viability of these claims should also be reviewed.