(DOWNLOAD) "Friedman v. United States" by United States Court Of Appeals For The Sixth Circuit # Book PDF Kindle ePub Free
eBook details
- Title: Friedman v. United States
- Author : United States Court Of Appeals For The Sixth Circuit
- Release Date : January 05, 1991
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 56 KB
Description
In this action under the Federal Tort Claims Act, Allen Friedman appeals the summary dismissal of his claims for malicious prosecution, false arrest, and false imprisonment. Friedmans malicious prosecution claim is that the district court erred in finding the United States had probable cause to prosecute him for violations of the federal labor laws. Friedman asserts his false arrest and imprisonment claims are sufficient because his earlier indictment and conviction were set aside, even after affirmance by this Court, by the grant of a motion for a new trial and the later dismissal of the indictment by the district court. We believe that probable cause did exist to prosecute Friedman and that the indictment and conviction were not void. While not an appropriate 12(b)(6) dismissal, there was evidence available that is sufficient to support summary judgment.