Labels:book | reckoner | sky | tree OCR: SUMMARY OF THE ARGUMENT Petitioner posits that the filing of H. criminal charge without prohable cause denri yer the accused of funda mental liberty which is protected under principles sub stantive due process. Though state law veats Ilinois ecutors with the exclusive discret tion to criminal charge, Petitioner contends that recovery apnropriate under 1983 against police officer who contributes t the filing of charge Petitioner' theory problematic in several respects. Beginning with the text, neither the Constitution ror the Bill of Rights set forth right to be criminally charged only uJon probable cause, The fourth amendment require ment of probable cause applies only to searches and I seizures, and would have supported viable false arrest claim had Petitioner filed his complaint on time ...
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