High Court Will Hear Dispute Over Malicious Prosecution Claims

The Supreme Court agreed to look at when civil rights claims can be brought against police for a malicious prosecution.

The justices said Wednesday they will look at which rule governs this type of claim.

The case stems from the lawsuit jewelry store owner Jascha Chiaverini brought against police in Napoleon, Ohio after he was charged with felony money-laundering, misdemeanor retaining-stolen-property charge, and violating his license, charges that were later dropped.

Chiaverini argues police fabricated evidence to generate a felony money-laundering charge against him and that the misconduct would be enough to bring a malicious prosecution claim under the Fourth Amendment, which requires a showing that the legal process was instituted without probable clause.

The US Court of Appeals for the Sixth Circuit, however, dismissed his claim after finding probable cause for the other two charges. The appeals court applied the “any-crime” rule. That rule says probable cause for any one charge insulates every other charge from a malicious prosecution claim.

Chiaverin said the charge-specific rule should apply. There a malicious prosecution claim can proceed as to a baseless criminal charge, even if other charges brought alongside the baseless charge are supported by probable cause.

The Supreme Court in 2022 said plaintiffs only need to show their criminal cases ended without conviction to bring a malicious prosecution suit in a decision that made it easier for plaintiffs to bring these types of civil-rights claims.

The case is Chiaverini v. City of Napoleon, Ohio, U.S., No. 23-50, 12/13/23.