On June 20, 2024, the Supreme Court held (6-3) in Chiaverini v. City of Napoleon, Ohio that a plaintiff charged with a crime not supported by probable cause can prevail on a Fourth Amendment malicious prosecution claim under 42 U.S.C. § 1983 even if he is charged with other crimes that are supported by probable cause. Justice Kagan delivered the majority opinion for the Court, vacating the Sixth Circuit’s decision and remanding the case.
As previously summarized in Dykema’s May 2024 edition, Jascha Chiaverini was charged with two misdemeanors and one felony related to allegedly purchasing 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 claim and the Sixth Circuit affirmed, holding 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. Clark, the Court determined that a plaintiff bringing a common-law malicious prosecution suit had to show that an official initiated a charge without probable cause, but not that every charge lacked an adequate basis. As a topper, Justice Kagan observed, “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 bar “when a baseless charge is accompanied by a valid charge.”
Justice Thomas wrote a dissenting opinion, joined by Justice Alito. They disagreed with the basic notion that a malicious prosecution claim can be brought under the Fourth Amendment. In a separate dissent, Justice Gorsuch echoed that sentiment, writing that he believed malicious prosecution claims should instead be brought under the Fourteenth Amendment’s Due Process Clause.
Takeaway
- Probable cause for one charge does not bar a Fourth Amendment malicious prosecution claim for another, unsupported charge.
For more information, please contact Chantel Febus, James Azadian, Cory Webster, Christopher Sakauye, Monika Harris, Puja Valera, or A. Joseph Duffy, IV.