Case Law Update Michael J. Sgarlat Case Law Update Michael J. Sgarlat

Dismissal Due to the Suppression of Evidence Does Not Satisfy the Favorable Termination Element of a Malicious Prosecution Claim

In January 2010, police arrested Terry Margheim at his home in Greeley, CO on suspicion of domestic violence committed against his girlfriend. Weld County prosecutors then initiated a criminal prosecution against him. Margheim posted a $3,000 bond and was required to comply with a protection order to avoid contact with his girlfriend.

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Case Law Update James P. Garay Heelan Case Law Update James P. Garay Heelan

Supreme Court to Decide Appellate Jurisdiction in Federal Employee “Mixed Case” Appeals

In the first case argued before Supreme Court Justice Neil Gorsuch, Justices appeared to disagree about how to handle “mixed cases,” alleging both adverse employment actions against federal civil service employees and prohibited discrimination, where the Merit Systems Protection Board concludes it lacks jurisdiction because the employee was not subject to an appealable action.

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