context: We reject plaintiff's contention that she is entitled to damages for her criminal trials, conviction, incarceration, and the resulting aggravation of her Rape Trauma Syndrome. The intervening acts of the prosecutor, grand jury, judge and jury -- assuming that these court officials acted without malice that caused them to abuse their powers -- each break the chain of causation unless plaintiff can show that these intervening acts were the result of deception or undue pressure by the defendant policemen.
citation_a.signal: see also
citation_a.parenthetical: in section 1983 action based on false arrest, grand jury or other independent intermediary breaks chain of causation unless defendant policemen mislead intermediary
citation_a.sentence: See Smiddy v. Varney, 803 F.2d 1469 (9th Cir.1986); Duncan v. Nelson, 466 F.2d 939 (7th Cir.1972); see also Hand v. Gary, 838 F.2d 1420 (5th Cir.1988) (in section 1983 action based on false arrest, grand jury or other independent intermediary breaks chain of causation unless defendant policemen mislead intermediary); Scanlon v. Flynn, 465 F.Supp. 32 (S.D.N.Y.1978) (stating that under New York law, damages for false arrest are measured only to time of arraignment or indictment because, after such an evaluation, subsequent detention is attributed to independent, supervening determination of probable cause, not to earlier improper arrest); cf. Jones v. City of Chicago, 856 F.2d 985 (7th Cir.1988) (decision of prosecutor to charge or grand jury to indict does not shield police officer who deliberately supplied misleading information).
citation_b.signal: cf.
citation_b.parenthetical: decision of prosecutor to charge or grand jury to indict does not shield police officer who deliberately supplied misleading information
citation_b.sentence: See Smiddy v. Varney, 803 F.2d 1469 (9th Cir.1986); Duncan v. Nelson, 466 F.2d 939 (7th Cir.1972); see also Hand v. Gary, 838 F.2d 1420 (5th Cir.1988) (in section 1983 action based on false arrest, grand jury or other independent intermediary breaks chain of causation unless defendant policemen mislead intermediary); Scanlon v. Flynn, 465 F.Supp. 32 (S.D.N.Y.1978) (stating that under New York law, damages for false arrest are measured only to time of arraignment or indictment because, after such an evaluation, subsequent detention is attributed to independent, supervening determination of probable cause, not to earlier improper arrest); cf. Jones v. City of Chicago, 856 F.2d 985 (7th Cir.1988) (decision of prosecutor to charge or grand jury to indict does not shield police officer who deliberately supplied misleading information).