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SAFAR v. TINGLE

No. 16-1420.

859 F.3d 241 (2017)

Fadwa SAFAR; Jan Eshow, Plaintiffs-Appellants, v. Lisa TINGLE; Stephanie Rodriguez, Defendants-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided: June 7, 2017.

Attorney(s) appearing for the Case

ARGUED: Victor M. Glasberg , VICTOR M. GLASBERG & ASSOCIATES, Alexandria, Virginia, for Appellants. Alexander Francuzenko , COOK CRAIG & FRANCUZENKO PLLC, Fairfax, Virginia; Julia Bougie Judkins , BANCROFT, MCGAVIN, HORVATH & JUDKINS, PC, Fairfax, Virginia, for Appellees. ON BRIEF: Maxwelle C. Sokol , VICTOR M. GLASBERG & ASSOCIATES, Alexandria, Virginia, for Appellants. Broderick C. Dunn , Philip C. Krone , COOK CRAIG & FRANCUZENKO PLLC, Fairfax, Virginia, for Appellee Lisa Tingle.

Affirmed in part, reversed in part, and remanded by published opinion. Judge Wilkinson wrote the opinion, in which Judge Diaz joined. Judge Floyd wrote a separate concurring opinion.

Plaintiffs Jan Eshow and Fadwa Safar were arrested, and Safar briefly incarcerated, for an allegation of fraud that was mistakenly reported and almost immediately retracted. They brought suit under 42 U.S.C. § 1983 and state tort law against the police officer and prosecutor who, at different stages of the criminal...

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