Jascha Chiaverini et. al. v. Nicholas Evanoff et. al.

Current Revsion Submitted: Thu, 02/08/2024 - 12:22
Submitted by Jane Clayton on Thu, 02/08/2024 - 11:38

The issue in question in Chiaverini is whether a person who has been maliciously prosecuted for a crime can sue if a police officer had probable cause to arrest them for a different crime (i.e. the any crime rule).  Our brief uplifts examples of the incredibly unjust outcomes that would result from continued application of the any crime rule (eg. you can't sue for malicious prosecution on a drug charge if the police officer had probable cause to arrest you for jaywalking) and explains why getting rid of the any crime rule will not open the floodgates to lawsuits against police. 

A huge thank you to the Yale Law School Supreme Court Clinic for drafting the brief with us, and to the Stanford Supreme Court Law Clinic, who represent the plaintiff. 


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