Doctor’s Malicious Prosecution Claims Against Fed Officials Fail

A Pennsylvania physician can’t sue a federal investigator and prosecutor who allegedly unjustifiably accused him of violating the Controlled Substances Act, a federal court said.

Elias Karkalas didn’t have a private right of action against Drug Enforcement Agency investigator Kimberly Brill or attorney Linda Marks for malicious prosecution under the Fourth Amendment, the U.S. District Court for the Eastern District of Pennsylvania said July 31.

Karkalas worked for Rx Limited, an online pharmacy company. He approved requests for prescriptions for Fioricet, a drug that contains butalbital, a Schedule III controlled substance.

Brill believed Fioricet is a controlled substance and convinced ...