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Manuel v. City of Joliet, Illinois
Brief for the National Association of Criminal Defense Lawyers as Amici Curiae in Support of Petitioner.
Argument: The Fourth amendment prohibits unreasonable pretrial seizures, even after initiation of legal process. Decades of experience confirm that recognizing malicious prosecution claims based on the Fourth Amendment does not chill legitimate law enforcement conduct. This Court can provide direction to lower courts by clarifying that malice is not an element of a § 1983 claim grounded on the Fourth Amendment and by adopting Justice Ginsburg's view of continuing seizure.