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20 Touro L. Rev. 705 (2004-2005)
False Arrest, Malicious Prosecution, and Abuse of Process in 1983 Litigation

handle is hein.journals/touro20 and id is 717 raw text is: FALSE ARREST, MALICIOUS PROSECUTION, AND ABUSE OF PROCESS IN § 1983 LITIGATION John Williams' Today I will discuss the state of mind requirement and the universal agreement that it is never necessary that a defendant intend to violate a constitutional right in the false arrest context. The defendant merely has to intend to do the act that violates those rights.2 This results in an interesting twist with regard to false arrest cases in § 19831 litigation because what we are typically talking about is unreasonableness under the Fourth Member of Williams and Pattis, LLC. B.A., cum laude, Harvard University, 1963; J.D., Georgetown University, 1967. Mr. Williams is a member of New Haven County, Connecticut and American Bar Associations; Connecticut Trial Lawyers Association; Connecticut Criminal Defense Lawyers Association; The Association of Trial Lawyers of America; National Association of Criminal Defense Lawyers and National Lawyers Guild. He has published primarily in the area of civil rights law. This article is based on a transcript of remarks given at the Practicing Law Institute's 20 Annual Conference on § 1983 Civil Rights Litigation. 2 Fisher v. City of Memphis, 234 F.3d 312, 317 (6th Cir. 2000) (stating that the officer's act of firing the gun was intentional, even if the result was not one he sought to achieve). 42 U.S.C. § 1983 (2004) provides in pertinent part: Every person who, under color of any statute, ordinance, regulation, custom, or usage, of any State or Territory or the District of Columbia, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law, suit in equity, or other proper proceeding for redress.

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