Roberts v. Babkiewicz, No. 08-3858 - U.S. Second Circuit
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Roberts v. Babkiewicz, No. 08-3858

In a 42 U.S.C. section 1983 action alleging malicious prosecution, dismissal of the action is reversed where it was unclear that the criminal charge against plaintiff that the state dropped was necessarily related to or arose from the same circumstances as the criminal offense to which plaintiff pleaded guilty, and thus it was unclear under Connecticut law whether the dismissal of the underlying criminal offense resulted in a "favorable termination."

Read Roberts v. Babkiewicz, No. 08-3858

Appellate Information

Argued: July 7, 2009

Decided: September 30, 2009

Judges

Per Curiam

Counsel

For Appellant:

John R. Williams, John R. Williams and Associates LLC, New Haven, CT

For Appellee:

Scott M. Karsten, Karsten, Dorman & Tallberg, LLC, West Hartford, CT