Serino v. Hensley

Dist. Ct. did not err in dismissing for failure to state viable claim plaintiff’s section 1983 action alleging false arrest and malicious prosecution arising out of his arrest on charges of trespass and resisting law enforcement officer. Plaintiff’s false arrest claim was untimely, since it was filed more than two years after defendant’s arraignment, as opposed to date charges were subsequently dropped, as advocated by plaintiff. Moreover, plaintiff’s malicious prosecution claim, which alleged that defendants lacked probable cause to arrest and charge him, was mere restatement of his false arrest charge in effort to circumvent statute of limitations issue.