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TORRES v. McLAUGHLIN

No. 97-1476.

163 F.3d 169 (1998)

Felix TORRES, Appellee, v. John McLAUGHLIN, individually and in his capacity as an officer of the Police Department of the City of Philadelphia and in his capacity as an officer for the Commonwealth of Pennsylvania, Bureau of Narcotics Investigations; John Sunderhauf, Commonwealth of Pennsylvania Office of Attorney General's Bureau of Narcotics Investigations; Commonwealth of Pennsylvania, Office of Attorney General's Bureau of Narcotics Investigation; and The city of Philadelphia, John McLaughlin and John Sunderhauf, Appellants.

United States Court of Appeals, Third Circuit.

Decided December 15, 1998.

Attorney(s) appearing for the Case

D. Michael Fisher, John O.J. Shellenberger (Argued), Calvin R. Koons, John G. Knorr, III, Office of Attorney General, Philadelphia, PA, Attorneys for Appellants.

Anthony L. Cianfrani, John Nivala (Argued), Philadelphia, PA, Attorney for Appellee.

Before: NYGAARD and ALITO, Circuit Judges, and DEBEVOISE, Senior District Judge.

OPINION OF THE COURT

NYGAARD, Circuit Judge.

Felix Torres sued John McLaughlin, a Philadelphia police officer assigned to the Pennsylvania Office of Attorney General Bureau of Narcotics Investigations Task Force, and John Sunderhauf, McLaughlin's supervisor, under 42 U.S.C. § 1983 alleging that the officers maliciously prosecuted Torres and thereby violated his constitutional rights. McLaughlin and Sunderhauf appeal the District Court's denial of their...

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