Intentional Possession of a Controlled Substance. Mr. Marrero, however, remained in custody until June of 1996 on an INS detainer. After being released from the INS detainer in June 1996, Mr. Marrero attended a court hearing later in June of 1996 at which the charges against him were dismissed. H.J. Inc. v. Northwestern Bell Tel. Plaintiffs' state law claims such as negligence, false imprisonment, abuse of process, and intentional infliction of emotional distress are also subject to the two year statute of limitations period, likewise beginning at the time of the arrest.
Plaintiffs also assert a malicious prosecution claim against the moving defendants.
In their motion to dismiss, Defendants' claim that they have qualified immunity from Plaintiffs attempt to assert a malicious prosecution claim. The Third Circuit has held that the question of qualified immunity requires a fact- intensive analysis not only of the clear establishment of the right that the official is alleged to have violated, but also of the specific official actions alleged to have violated that right. After careful review of Plaintiffs, therefore, the Court finds that it lacks the necessary factual basis to determine whether the Defendants are entitled to qualified immunity from Plaintiffs' claim of malicious prosecution. Plaintiffs malicious prosecution allegation survives Defendants motion and may proceed.