Professional Documents
Culture Documents
Per Curiam.
__________
of
judgment as a matter
Gawel of
of
civil
malicious
appellant's
rights
violations,
prosecution
state law
and
due
on appellant's claims
to
false arrest
claim of
appellee's
of
alleged
appellant, and
malicious prosecution.
We
affirm.
Judgment as
matter of
law was
properly granted
on
deprivation of
either
his
substantive
or
procedural
due
F.3d 168,
produced no
evidence, such
or
173
Amendment.
(1st Cir.
as that
prosecuted
1993).
he had
detained
grounds,
which
suffered
Appellant
been physically
abused,
would support
on
See Senra v.
___ _____
racial
jury finding
or
political
that
he had
See id.
___ __
His
Id.
__
____________________
1.
Moreover, the
recent Supreme
Court case of
Albright v.
________
appear virtually to
To
Rhode
establish
a claim
Island state
law,
of
malicious
prosecution under
appellant needed
to prove,
inter
_____
Id. at 174.
__
Such a finding
after trial
in
Rhode Island
of the criminal
the Rhode
charge in
Island District
Superior Court,
Court.
trial in
the determination
by the
on
See Nagy
___ ____
of the
person
generally held
even though
who initiated
. .
to be conclusive evidence
that
determination is
proceedings
is
of probable cause,
ultimately
reversed
on
Gawel
presented
sufficient,
entitled as a matter
the
claim
through a
uncontradicted
that he
had
false arrest.
of law to
violated
Therefore, Gawel
See Ricci v.
___ _____
rights
5, 7
-3-
Affirmed.
________
-4-