MOZZOCHI v. BORDEN

No. 510, Docket 91-7634.

959 F.2d 1174 (1992)

Charles MOZZOCHI, Plaintiff-Appellee, v. Richard S. BORDEN, Jr., Paul J. Gibbons, Defendants-Appellants, Richard S. Borden, Jr., Paul J. Gibbons, Town of Glastonbury, Defendants.

United States Court of Appeals, Second Circuit.

Decided March 19, 1992.


Attorney(s) appearing for the Case

William S. Rogers, Hartford, Conn. (Susan A. Quinn, Tyler Cooper & Alcorn, of counsel), for appellants.

John R. Williams, New Haven, Conn. (Williams & Wise, of counsel), for appellee.

Before: MESKILL, KEARSE and PIERCE, Circuit Judges.


MESKILL, Circuit Judge:

This case raises the question whether government officials enjoy qualified immunity for causing a criminal prosecution to be brought and maintained against an individual where the prosecution was supported by probable cause but was allegedly motivated by a desire to chill the exercise by the criminal defendant of rights guaranteed by the First Amendment. The United States District Court for the District of Connecticut, Dorsey, J., held...

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