1. Whether lack of probable cause as an element of
malicious prosecution under 42 U.S.C. § 1983 is
a factual question for the jury?

2. Whether dismissal of a Monell claim before an
opportunity for discovery may deprive a litigant
a fundamentally fair opportunity to litigate her
claims under Section 1983?

3. Whether malicious prosecution under 42 U.S.C.
§ 1983 should be analyzed under the Fourteenth
Amendment pursuant to the incorporation
doctrine?

Whether lack of probable cause as an element of malicious prosecution under 42 U.S.C. § 1983 is a factual question for the jury; whether dismissal of a Monell claim before an opportunity for discovery may deprive a litigant a fundamentally fair opportunity to litigate her claims under Section 1983; whether malicious prosecution under 42 U.S.C. § 1983 should be analyzed under the Fourteenth Amendment pursuant to the incorporation doctrine