Thursday, December 18, 2003

Fifth Circuit says malicious prosecution does not equal a constitutional claim

Via, this story describes the Fifth Circuit's opinion in Castellano v. Fragozzo, which says a claim against state actors for malicious prosecution without more (such as some kind of pre-trial "seizure," within the meaning of the Fourth Amendment) does not establish a constitutional claim. The opinion cites, among others, the Fourth Circuit's decision in Lambert v. Williams, 223 F.3d 257 (4th Cir. 2000).

This area of the law is very interesting, because it is so confusing, starting with the Supreme Court's opinion in the Albright v. Oliver case. I've tried to jump on the bandwagon a time or two but I haven't really had the facts to support it - the idea that there was no constitutional claim because plaintiff has nothing but a malicious prosecution claim. Maybe next time.

No comments: