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UBOH v. RENO

No. 95-8557.

141 F.3d 1000 (1998)

George N. UBOH, Plaintiff-Appellant, v. Janet RENO, Head of U.S. Dept. Of Justice and Attorney General of the United States, Robert C. Bonner, Administrator, Drug Enforcement Admin., Janis C. Gordon, Assistant U.S. Attorney, Mary P. Gholson, Agent, Drug Enforcement Admin., Brian Sullivan, Drug Enforcement Admin., Frank Smith, Agent, Drug Enforcement Admin., Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

May 18, 1998.

Attorney(s) appearing for the Case

Michael L. Brown, Andrew C. Hall, Atlanta, GA, for Plaintiff-Appellant.

Richard H. Deane, Jr., U.S. Atty., Amy Berne Kaminshine, Asst. U.S. Atty., Atlanta, GA, for Defendants-Appellees.

Before BIRCH, Circuit Judge, RONEY, Senior Circuit Judge, and O'KELLEY, Senior District Judge.

BIRCH, Circuit Judge:

This case requires that we decide whether a prosecutor's unilateral decision to dismiss some counts of an indictment following a defendant's conviction on other counts of the same indictment constitutes favorable termination for purposes of the defendant's subsequent Bivens1 action for malicious prosecution. Further, we must determine, in light of the particular facts presented in this case, when the causes...

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