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50 Nos. 77-1698, 77-1210 & 77-1370 and Kukowinski, Sorosky and Meltreger made no attempt to prevent the irregular conduct of the investi- gation. Thus, although these defendants could not be liable on the basis of the existing record under plaintiffs’ conspiracy claims, there is sufficient evidence to support py giehas brought against them pursuant to 42 U.S.C. Plaintiffs also contend, in addition to their conspiracy claims, that there was no legal basis for the arrest and imprisonment of the survivors of the raid and therefore that Hanrahan, Jalovec, and the raiders are liable under section 1988 for the intentional deprivation of civil rights y false imprisonment. See Monroe ». Pape, 365 U.S. 167 (1961); Joseph v. Rowlen, 402 F.2d 867 (7th Cir. 1968). Several survivors were jailed on the basis of the officers’ sworn complaints that the occupants committed attempted murder and aggravated battery against the raiders. Hanrahan and Jalovec authorized the filing of these charges. As a result of the charges, the high bond set at the request of the State’s Attorney’s Office, and the denial of plaintiffs’ demand for a preliminary hearing, these survivors were imprisoned until De- cember 21. Plaintiffs’ claim, of course, hinges on the question whether defendants were acting with probable cause when they filed charges against the survivors. Pierson v. Ray, 386 U.S. 547 (1967); Banish v. Locks, 414 F.2d 638 (7th Cir. 1969). See also pp. 52-61 infra. The question of whether the facts known to a defendant amounted to probable cause should be determined by the court when there is no disagreement as to the facts or circumstances surrounding the detention: Banish v. Locks, supra, 414 F.2d at 641. In light of the numerous disputes regarding the facts defendants knew or reasonably believed, however, the trial court should have submitted the issue of probable cause to the jury. Plaintiffs argue that all defendants (except O’Neal) are liable individually under section 1983 for malicious prosecution. An action for malicious prosecution may be brought under section 1983 if, acting under color of