122411P.pdf   04/15/2013  Stanley Joseph  v.  Kenneth Allen
   U.S. Court of Appeals Case No:  12-2411
   U.S. District Court for the Eastern District of Missouri - St. Louis   
   [PUBLISHED] [Gruender, Author, with Murphy and Smith, Circuit Judges]
   Civil case - Civil rights. Challenge to timeliness of defendants'
   assertion of their qualified immunity defense was raised for the first time
   on appeal and was waived; based on what they had observed and were
   told at the scene, officers had probable cause to arrest Joseph and the
   district court did not err in concluding the officers were entitled to
   qualified immunity on his false arrest claim; an allegation of malicious
   prosecution without more cannot sustain a civil rights claim under
   Section 1983; under Missouri law a plaintiff must establish the absence
   of probable cause for arrest or prosecution in order to state a claim for
   false arrest or malicious prosecution, and the district court did not err in
   granting summary judgment on Joseph's state law claims.