Whether malicious prosecution is a cognizable tort for § 1983 suit

QUESTIONS PRESENTED 1. Whether the Court of Appeals erred in affirming the district court’s conclusion that “malicious prosecution” is a cognizable “tort” for purposes of a § 1983 suit under either the Fourth Amendment or Due Process Clauses of the Constitution? 2. Whether the Court of Appeals correctly declined to exercise appellate jurisdiction over the issue that the three-year statute of limitations applicable to Respondent’s “malicious prosecution” claim under the Fourth Amendment accrued in 1979 at the latest?