Chiaverini v. City of Napoleon

In this case, the court considered this issue: May a Fourth Amendment malicious-prosecution claim proceed as to a baseless criminal charge so long as other charges brought alongside the baseless charge are supported by probable cause?     The case was decided on June 20, 2024.  The Supreme Court held that pursuant to the Fourth Amendment and traditional common-law practice, the presence of probable cause for one charge in a criminal proceeding does not categorically defeat a Fourth Amendment malicious-prosecution claim relating to another, baseless charge. Justice Elena Kagan authored the 6-3 majority opinion of the Court. First, the Court considered the Fourth Amendment issue. A Fourth Amendment malicious prosecution claim can proceed even when a baseless charge is accompanied by a valid charge. This is because a pretrial detention must be based on probable cause, and if an invalid charge causes a detention to start or continue, the Fourth Amendment is violated, even if a valid charge also exists. Second, looking at the common law tort of malicious prosecution, which was analogous to Fourth Amendment malicious prosecution claims when §1983 was enacted. Historical evidence shows that courts assessed probable cause on a charge-by-charge basis, and a plaintiff could bring a malicious prosecution claim for groundless charges even if they were coupled with well-founded ones. Based on these two lines of reasoning, the Court rejected the Sixth Circuit's categorical rule that barred Fourth Amendment malicious prosecution claims if any charge was valid and concluded that courts should evaluate such suits on a charge-by-charge basis. Justice Clarence Thomas authored a dissenting opinion, in which Justice Samuel Alito joined, reiterating Justice Alito’s prior opinion (in which Justice Thomas joined) that a “malicious prosecution claim cannot be based on the Fourth Amendment.” Justice Neil Gorsuch authored a dissenting opinion, arguing that nothing in the language of the Fourth Amendment supports a malicious prosecution claim. The opinion is presented here in its entirety, but with citations omitted. If you appreciate this episode, please subscribe. Thank you.