Amicus in Manuel V. City of Joliet, No. 14-9496: Section 1983 'Malicious Prosecution'

Abstract

Over twenty years ago, the Supreme Court in Albright v. Oliver acknowledged “an embarrassing diversity of judicial opinion” on “the extent to which a claim of malicious prosecution is actionable under § 1983.” This embarrassment continues, seriously impeding the vindication of the Fourteenth Amendment and other constitutional rights. In Manuel v. City of Joliet, No. 14-9496, the time has come to resolve the fundamental issues raised by the Question Presented in this case, which necessarily include whether the elements of the common law malicious prosecution tort — and the favorable termination element in particular — apply to plaintiff’s § 1983 claim.