Supreme Court Upholds Right to Sue Police for Malicious Prosecution

 Posted on July 14, 2024 in Criminal Defense

The laws of the United States allow people to file legal claims against police officers to address wrongful arrests and other related issues that violate their rights. When police perform arrests and bring criminal charges against someone without a valid reason to do so, this may be considered malicious prosecution. A person may file a lawsuit against police in these situations and seek to recover compensation for the harm they have suffered because of unlawful detainment or unwarranted criminal charges.

There are many situations where police may violate people's rights, but fortunately, the United States Supreme Court has upheld the ability to pursue malicious prosecution suits and address these concerns through the legal system. For those who have been treated unfairly, targeted for harassment, or experienced police misconduct, an experienced attorney can help determine the best ways to address these concerns.

Jeweler Addresses False Money Laundering Charges

In the case of Chiaverini v. City of Napoleon, a man who operated a jewelry business in Ohio was arrested after reporting a stolen ring to the police. While he had purchased the jewelry in question from a customer, he later learned that it may have been stolen, so he contacted the police. Based on the statements he gave to police officers, they chose to arrest him and charge him with receiving stolen property, dealing in precious metals without a valid license, and money laundering.

While the first two charges were misdemeanors, the money laundering charge was a felony. Police ended up holding the defendant for three days before he was released. All charges were later dropped. The defendant later chose to bring a malicious prosecution suit against the police because they did not have probable cause to arrest and detain him for money laundering.

The Sixth Circuit Court of Appeals ruled against the defendant, finding that probable cause for the misdemeanor charges was sufficient to detain him. However, the Supreme Court reversed this ruling. Justice Elena Kagan wrote in the court’s majority opinion that even though the police had reason to perform the initial arrest, the detention was extended unreasonably based on the felony charge for which there was no probable cause. This constituted a violation of the defendant’s Fourth Amendment rights, allowing him to pursue a malicious prosecution claim.

In her opinion, Justice Kagan provided an example of why charges that are not based on probable cause are violations of people’s constitutional rights. If a person was arrested on a drug charge that was based on probable cause and a weapons charge that had no valid legal basis, and then the drug charge was dropped, the continued detention of the person based on the false gun charge would be a violation of their rights. Detention by police without probable cause is considered an unreasonable seizure under the Fourth Amendment, and people who experience these violations have the right to take legal action to address the harm they have suffered.

Contact Our Hartford Criminal Defense Attorney

At Woolf Law Firm, LLC, our Connecticut criminal defense lawyer can provide representation for people who are facing multiple types of criminal charges. We can help defendants avoid making statements or providing information that could be used against them, and we can address any violations of people’s rights, including unlawful detention, malicious prosecution, or other forms of police misconduct. To get effective legal representation to address criminal charges and other related issues, contact our office at 860-290-8690 and set up a free consultation.