With no explanation, chose the best option from "A", "B", "C" or "D". 322-23, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986). However, the non-moving party may not rest on its pleadings, but bears the burden to "make a showing sufficient to establish the existence of every element essential to [the] case, based on the affidavits or by depositions and admissions on file.” See Harter v. GAF Corp., 967 F.2d 846, 852 (3d Cir. 1992). 6 . The court presumes that plaintiffs’ civil rights claims arise under 42 U.S.C. § 1983, although the complaint does not specifically say so. The civil rights claims appear to be based on allegations of false arrest and malicious prosecution; thus, the court treats these claims as allegations of a violation of Gatter's rights under the Fourth Amendment. See Albright v. Oliver, 510 U.S. 266, 271-74, 114 S.Ct. 807, 127 L.Ed.2d 114 (1994) (<HOLDING>); Hilfirty v. Shipman, 91 F.3d 573, 579 (3d

A: holding fourth amendment protects right to be free from arrest without probable cause
B: holding that there is no fourteenth amendment substantive due process right to be free from malicious prosecution and suggesting that such a cause of action might lie under the fourth amendment
C: recognizing that an alleged deprivation of the right to be free from prosecution without probable cause might be judged under the fourth amendment
D: holding failure of prosecution to disclose evidence that may be favorable to the accused is a violation of the due process clause of the fourteenth amendment
B.