Whether state law citations showing lack of evidence for criminal charges is sufficient to establish lack of probable cause for a 42 U.S.C. § 1983 malicious prosecution claim

Questions Presented 1) Whether, in the context of evaluating a 42 U.S.C. § 1983 Fourth Amendment malicious prosecution claim, state law citations showing that a rational juror could find that an officer lacked evidence as to one or more elements of the underlying state criminal charge(s) at issue is sufficient to establish a genuine issue of fact as to whether an officer lacked probable cause for the charge(s). 2) Whether an “undisclosed inference” presented by a law enforcement officer in a warrant affidavit as if it were a fact observed can constitute a material misrepresentation for purposes of invalidating the warrant resulting from the affidavit. 1