Labels:book | reckoner | sky | tree OCR: criminals. The doctrine has never been applied in that con- text when the sole purpose nf recognizing fundamental liberty was to give rise to damages claim under 1983. Effectively damages remedy is all that Petitioner seeks. Indeed he does not challenge the principle that 11 criminal defendant is not, absent detention some other signifi cant restraint on liberty entitled determination of probable cause to prosecute. See Gerstein Pugh, 420 U.S 103 {1975); Lem Woon Oregon 229 586 {1913 Thus cast ir proper light, Petitioner's substantive Ttue process claim focuses on post -deprivation damages rather than preventative safeguard, and, therefore, is nothing more than masked procedural due process claim. In that respect. the common law tort 0 malicious prosecution an adequate state remedy and 11 ...
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