Decision Alert: Supreme Court sets legal standard for malicious prosecution suits under the Fourth Amendment

On June 20, 2024, the Supreme Court ruled (6-3) in Chiaverini against the city of Napoleon, Ohio that a plaintiff charged with a crime for which there is no probable cause of action can prevail on a Fourth Amendment malicious prosecution claim under 42 U.S.C. § 1983, even if charged with other crimes for which there is probable cause of action. Justice Kagan delivered the majority opinion of the Court, vacated the Sixth Circuit’s decision, and remanded the case.

As previously summarized in Dykema’s May 2024 issue, Jascha Chiaverini was charged with two misdemeanors and a felony related to the alleged purchase of stolen property. After spending four days in jail before the charges against him were dropped, he sued the police for malicious prosecution under the Fourth Amendment. Chiaverini argued that the police falsified evidence to support the felony charge. The district court dismissed his lawsuit and the Sixth Circuit affirmed, ruling that Chiaverini could not prevail because even if there was no probable cause for the felony, there was probable cause for the two misdemeanors.

A majority of the Supreme Court disagreed. Following its 2022 decision in Thompson v Clarkthe Court ruled that a plaintiff bringing a common law malicious prosecution suit must prove that an officer made a charge without sufficient cause, but not that every charge lacks sufficient basis. To cap it all, Justice Kagan noted, “A funny thing happened on the way to this Court” – the government as amicus curiae and now the arresting officers agree that there is no categorical obstacle “when a baseless accusation is accompanied by a valid accusation.”

Justice Thomas wrote a dissenting opinion, joined by Justice Alito. They disagreed with the general notion that a malicious prosecution claim can be brought under the Fourth Amendment. In a separate dissenting opinion, Justice Gorsuch echoed that view, writing that he believed malicious prosecution claims should instead be brought under the Due Process Clause of the Fourteenth Amendment.

Bring away

• Probable cause to base one charge does not preclude a Fourth Amendment claim for malicious prosecution of another, unfounded charge.

For more information, please contact Chantel Febus, James Azadian, Cory Webster, Christopher Sakauye, Monica Harris, Puja Valeraor A. Joseph Duffy, IV.