OR · 42usc1983:x-malicious-prosecution
Under Thompson v. Clark (596 U.S. 36 (2022)), a Fourth Amendment malicious-prosecution claim under § 1983 requires showing that the criminal prosecution ended without a conviction.
Exact element source
to the deprivation of any rights, privileges, or immunities secured by the Constitution and lawsSource:
docroot/ir/usc/title42.jsonl#title42_sec1983; Unicode character offsets [306:402] (end exclusive); SHA-256 88fe01322b9d94860a669ec452f558146e2745845070bc43583671ce12acb2bb.All variants
| Variant | Description | Merits instance blocks | Distinct cases | Example cases (up to 3 per group) |
|---|---|---|---|---|
| Unspecified variant | No variant assigned in the database. | 0 Satisfied 0; not satisfied 0; excluded context 1 | 0 | No counted merits examples Excluded context examples: /f4th/141/417 — Court of Appeals for the Second Circuit · 2025 — applied/procedural |
How courts decided this element
| Case | Element | Holding and scope | Variant | Exact source quotations |
|---|---|---|---|---|
| /f4th/141/417 — Court of Appeals for the Second Circuit · 2025 | Section 1983 malicious prosecution claim (Fourth Amendment / procedural due process) | not_reached Excluded from merits counts applied / procedural count: malicious-prosecution claims (1983 vs. detectives; state-law vs. County); subject: count=malicious-prosecution claims (1983 vs. detectives; state-law vs. County) Qualified immunity on the malicious-prosecution claim abandoned for want of briefing (dissent would reach it and grant immunity on arguable probable cause). County's appeal on state-law malicious prosecution dismissed: no municipal qualified immunity under New York law, so no pendent appellate jurisdiction. | Unspecified variant | No source quotation recorded for this block. |
Court interpretations
interpretation
a police officer violates a plaintiff’s right to a fair 30 trial when he “creates false information likely to influence a jury’s 31 decision and forwards that information to prosecutors.”
/f4th/141/417 — Court of Appeals for the Second Circuit · 2025
a police officer violates a plaintiff’s right to a fair 30 trial when he “creates false information likely to influence a jury’s 31 decision and forwards that information to prosecutors.”Source:
docroot/ir/caselaw/f4th_141.jsonl#/f4th/141/417; Unicode character offsets [23687:23874] (end exclusive); SHA-256 ffd06c7c495fbf996a4a6d1e4a3336db8e40aa112435c30b895506a5be4e900f.Under Thompson v. Clark (596 U.S. 36 (2022)), a Fourth Amendment malicious-prosecution claim under § 1983 requires showing that the criminal prosecution ended without a conviction.