F.3d , 2020 WL 5384938

Element of malice may be inferred if defendant caused prosecution without arguable probable cause.

Recognizing cause of action for applying cuffs too tight, turning hands red and causing long-term nerve damage to hand, and then failing to loosen them when plaintiff complained.

Utah law only makes it a crime for a detainee, during an investigative detention, to refuse to provide his name, thus officer lacked probable cause for arrest based on plaintiff’s refusal to provide his driver’s license or other form of identification.