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?

Whether malicious prosecution is a cognizable tort for § 1983 suit