whether the malicious prosecution claim survived the qualified immunity defense, the district court expressly found that it "need not address the question” because of its ruling that Moore's allegations were otherwise deficient. JA 355. 11 . See Sami v. United States, 617 F.2d 755, 773 (D.C.Cir.1979) (citing with approval cases holding that "it takes more than a false arrest or malicious prosecution claim to rise to the dignity of a constitutional violation”); see also McLaughlin v. Alban, 775 F.2d 389, 392 (D.C.Cir.1985) (concluding that plaintiff must "show not merely a mistaken prosecution or even a common law tort, but the violation of a constitutional right” to establish section 1983 claim); Torres v. Superintendent of Police of Puerto Rico, 893 F.2d 404, 409 (1st Cir.1990) (<HOLDING>) (citations omitted). 12 .See, e.g.,
holding that there is no substantive due process right under the fourteenth amendment to be free from malicious prosecution holding plaintiffs allegations defendant acted under col or of state law to violate rights secured by the fourteenth amendment are sufficient to defeat summary judgment of plaintiffs section 1983 claim holding section 1983 provides remedy only if plaintiff proves elements of malicious prosecution under state law and establishes that misuse of the legal proceedings was so egregious that he suffered deprivation of rights secured by fourteenth amendment holding that section 1983 claims alleging due process violations stemming from malicious prosecution are unavailable when a state malicious prosecution action exists holding that the fourteenth amendment protects property interests however only from a deprivation by state action