Tenth Circuit: Tiscareno v. Frasier

S1983 Malicious Prosecution and Brady claims in Medical Malpractice case

Appellate court has jurisdiction to review facts on interlocutory appeal.

Withheld pathology report suggesting prior injury insufficient basis for malicious prosecution claim.

No conviction means no Brady violation.  Though deft did not raise this in Answer or Motion for Summary Judgment, pleading of general qualified immunity was sufficient to preserve.  

At the time, there was no clearly established Constitutional rule saying that a private hospital's investigation was subject to Brady disclosures.

Tiscareno v. Frasier