Luke v. Gulley
Standard for malicious prosecution has two elements: “the plaintiff must prove (1) that the defendant violated his Fourth Amendment right to be free from seizures pursuant to legal process and (2) that the criminal proceedings against him terminated in his favor”; first element requires “proof that the legal process justifying his seizure was constitutionally infirm and that his seizure would not otherwise be justified without legal process”; affidavit merely alleging it was based on detective’s investigation and eyewitness statements, without any details, failed to establish probable cause