section 1983 malicious prosecution claim (Michigan) · Go Syfert
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section 1983 malicious prosecution claim in Michigan

6 Michigan opinions name it 1 courts 2013–2019 0 in the last five years

The cases below were cited by Michigan courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (2)

CaseFollowedCited
Sykes v. Andersongreen
ca6 · 2010 · cited in 5 Michigan opinions naming this issue, 2013–2019
2 sentences

2019ACCRUAL OF MALICIOUS PROSECUTION CLAIMS The issue then becomes when plaintiff’s malicious prosecution claim accrued for purposes of applying the two-year limitations period. “[A] claim of malicious prosecution under § 1983 premised on a violation of the Fourth Amendment consists of four elements.” Radu v Herndon & Herndon Investigations, Inc, 302 Mich App 363, 389 ; 838 NW2d 720 (2013), citing Sykes v Anderson, 625 F.3d 294 (CA 6, 2010).

2018Id. at 389-390, citing Sykes v Anderson, 625 F3d 294, 308-309 (CA 6, 2010).

25
Samuel Jerome v. Michael Crumgreen
ca6 · 2017 · cited in 1 Michigan opinions naming this issue, 2018–2018
1 sentence

2018“The crux of [that] case,” the Sixth Circuit explained, “is whether there was a lack of probable cause for the prosecution.” Jerome v Crum, 695 Fed Appx 935, 942 (CA 6, 2017).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Michigan. Read the followed side critically anyway.

Also cited on this issue (1)

CaseCitedYears
Radu v. Herndon & Herndon Investigations, Inc. green
michctapp · 2013
2 sentences

2019ACCRUAL OF MALICIOUS PROSECUTION CLAIMS The issue then becomes when plaintiff’s malicious prosecution claim accrued for purposes of applying the two-year limitations period. “[A] claim of malicious prosecution under § 1983 premised on a violation of the Fourth Amendment consists of four elements.” Radu v Herndon & Herndon Investigations, Inc, 302 Mich App 363, 389 ; 838 NW2d 720 (2013), citing Sykes v Anderson, 625 F.3d 294 (CA 6, 2010).

2019ACCRUAL OF MALICIOUS PROSECUTION CLAIMS The issue then becomes when plaintiff’s malicious prosecution claim accrued for purposes of applying the two-year limitations period. “[A] claim of malicious prosecution under § 1983 premised on a violation of the Fourth Amendment consists of four elements.” Radu v Herndon & Herndon Investigations, Inc, 302 Mich App 363, 389 ; 838 NW2d 720 (2013), citing Sykes v Anderson, 625 F.3d 294 (CA 6, 2010).

42015–2019

Statutes the citing opinions construe

USC § 42u.s.c.1983 (6) MI § Mich. Comp. Laws § 691.1407 (4)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

NY 11 (1997–2026) CA 7 (1985–2024) TX 6 (2001–2008) MI 6 (2013–2019) NC 3 (2009–2017) NM 3 (2012–2015) LA 2 (1994–1996) IL 2 (2002–2002) PA 2 (2015–2025) RI 2 (1997–2005) CO 2 (2025–2025) NJ 2 (2017–2021)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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