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Supreme Court hears argument on when a single baseless charge can sustain a Fourth Amendment malicious‑prosecution suit
Summary
The Court considered whether a plaintiff can pursue a Fourth Amendment malicious‑prosecution claim by showing one charged offense lacked probable cause even if other charges did; justices probed whether the baseless charge must have caused an unreasonable seizure and how to test that causation on remand.
WASHINGTON — The Supreme Court on Tuesday heard oral argument in Chaverini v. City of Napoleon, a case that asks whether a plaintiff may bring a Fourth Amendment malicious‑prosecution claim by proving that at least one charge in an arrest lacked probable cause even when other charges supported detention.
Petitioner’s counsel, Miss Anand, told the justices the parties agree that the ‘‘charge‑specific’’ rule governs the lack‑of‑probable‑cause element and urged the Court to adopt a narrow holding: a plaintiff may make out a malicious‑prosecution claim by showing at least one charged offense lacked probable cause and the case should be remanded for the lower courts to resolve remaining issues. "The plaintiff may make out a malicious prosecution claim by proving that 1 charge is not supported by probable cause even if other charges are," Anand said.
The most contested question at argument was causation: whether…
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