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Alleged Crime Victim's Civil Rights Suit Against Officers for False Imprisonment

By FindLaw Staff on June 29, 2010 4:03 PM

Harrington v. City of Nashua, No. 09-2275, concerned a plaintiff's 42 U.S.C. section 1983 suit alleging Fourth Amendment violations for false imprisonment and malicious prosecution, arising from her complaint to the police of an alleged rape by a co-worker.  In affirming the judgment of the district court, the court held that the false imprisonment claim is barred by the statute of limitations.  The court further held that the plaintiff failed to make out the Fourth Amendment violation needed to sustain her section 1983 malicious prosecution claim.  Lastly, the district court did not abuse its discretion in refusing to alter or amend the judgment.

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