Malicious Prosecution

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

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.

Gervin v. Florence et. al.

Submitted by Jane Clayton on Wed, 10/04/2023 - 10:30

Gervin v. Florence et. al. addresses the case of DeShawn Gervin, whose probation was improperly revoked for violating a probation condition that the judge did not impose. Mr. Gervin spent 104 days in jail because of this error, and this brief supports the argument that Mr. Gervin should be able to sue the probation officer for malicious prosecution. Our brief argues that the 4th Amendment protects people against having to spend time in jail for wrongful probation revocations.

Gilliam v. Allen

Submitted by Re'Neisha Stevenson on Thu, 06/15/2023 - 10:26

In suit for false arrest, deprivation of due process, and malicious prosecution, by exonerees, it was not error to admit in evidence Governor’s pardons based on innocence and to prohibit defendants from impeaching the pardons, where court made clear pardons were not red judicata and did not prohibit defendants from challenging fact of innocence; error to allow former district attorney, based on his knowledge of routine interrogation practices, that he did not find the defendants’ descriptions of interrogations of plaintiffs as calm and uncoercive, testimony constituted objection

Xi v. Haugen

Submitted by Re'Neisha Stevenson on Fri, 06/09/2023 - 15:34

Plaintiff overcame presumption resulting from grand jury indictment and authorized warrants that officer acted with probable cause where complaint alleged seven discrete instances of officer intentionally, knowingly, and/or recklessly providing false information that led to prosecution.

Caraway v. City of Pineville et. al.

Submitted by Jane Clayton on Mon, 03/27/2023 - 18:37

Caraway v. City of Pineville et. al. addresses the case of Timothy Caraway, who brought a Section 1983 action against the City of Pineville, the Pineville Police Department, and multiple individual officers alleging numerous violations of his constitutional rights. The District Court granted summary judgement in favor of the Defendants-Appellees, framing self-serving statements made by the police officers involved in the shooting as the true narrative while simultaneously disregarding evidence--including video footage--that contradicted the officers' version of events.

Shrum v. Cooke

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

Recognizing that favorable termination element for malicious prosecution is no longer good law following Thompson v. Clark, 142 S.Ct. 1332 (2022); affirming dismissal of malicious prosecution claim for insufficiently specific allegations.

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.

Novak v. City of Parma, OH

Submitted by Re'Neisha Stevenson on Thu, 10/27/2022 - 12:29

Plaintiff posted a mock police department page on Facebook and was arrested under a state law that makes it illegal to use a computer to disrupt or impair police functions, indicted by a grand jury, and acquitted after a jury trial; plaintiff had deleted comments on the page that indicated it was fake and copied the department’s warning on its own page word for word; court says whether officers had probable cause was a difficult question, but lack of previous case afford the officers qualified immunity on First Amendment retaliation claim; court holds that officers’ televised announcement o