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HERNANDEZ-CUEVAS v. TAYLOR

No. 12-1053.

723 F.3d 91 (2013)

Carlos HERNANDEZ-CUEVAS, Plaintiff, Appellee, v. William TAYLOR and Steven M. Martz, Defendants, Appellants.

United States Court of Appeals, First Circuit.

July 17, 2013.

Attorney(s) appearing for the Case

Stuart F. Delery , Assistant Attorney General, with whom Rosa E. Rodriguez-Velez , United States Attorney, Barbara L. Herwig , and Lowell V. Sturgill, Jr. were on brief, for appellants.

Jose F. Quetglas Jordan , with whom Pedro R. Vazquez and the Quetglas Law Offices were on brief, for appellee.

Before THOMPSON, STAHL, and LIPEZ, Circuit Judges.

LIPEZ, Circuit Judge.

This case requires us to decide for the first time whether an individual who alleges that the unlawful conduct of law enforcement officers caused him to be held for three months in pretrial detention without probable cause states a Fourth Amendment claim actionable through a Bivens suit.1 Often called a "Fourth Amendment malicious prosecution" claim, the existence and...

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