Second Circuit: Mangino v. Inc. Vill. of Patchogue

S1983.

First Amendment retaliation: warrantless entry and abuse of process by a housing inspector against an unregistered landlord not a basis for retaliation claim, as (1) there was probable cause for the eventual citation by the time that the citation was filed (as opposed to entry made), and  (2) no showing that the regulatory process was excessive.

Abuse of process:  there was no clearly established constitutional right to be free of abuse of process in a situation where probable cause exists.

No error in Jury Instructions.


http://www.ca2.uscourts.gov/decisions/isysquery/e3ab5106-0b65-43b4-8bb7-5ac49983eaa6/1/doc/14-3253_opn.pdf#xml=http://www.ca2.uscourts.gov/decisions/isysquery/e3ab5106-0b65-43b4-8bb7-5ac49983eaa6/1/hilite/