Armstrong v. Ashley

Submitted by Re'Neisha Stevenson on Tue, 03/14/2023 - 15:11

Holding that Thompson v Clark, 142 S.Ct. 1332 (2022) overruled Castellano v. Fragozo, 352 F.3d 939 (5th Cir. 2003) with respect to the viability of a malicious prosecution claim under § 1983, and thus reinstated the elements found necessary by the Fifth Circuit in Gordy v. Burns, 294 F.3d 722 (5th Cir. 2002): “(1) the commencement or continuance of an original criminal proceeding; (2) its legal causation by the present defendant against plaintiff who was defendant in the original proceeding; (3) its bona fide termination in favor of the present plaintiff; (4) the absence of probable cause for such proceeding; (5) malice; and (6) damages”; malicious prosecution claim here denied on basis of no proof of causation or malice.

Actionable Conduct Edition