30 Pages Posted: 24 Aug 2016
Date Written: August 10, 2016
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.
Keywords: fourteenth amendment, section 1983, constitutional law, comparative constitutional law, tort law
JEL Classification: K00, K13
Suggested Citation: Suggested Citation
Nahmod, Sheldon H., Amicus in Manuel V. City of Joliet, No. 14-9496: Section 1983 'Malicious Prosecution' (August 10, 2016). Available at SSRN: https://ssrn.com/abstract=2827854