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Jascha Chiaverini, et al. v. City of Napoleon, Ohio, et al.
Paid petition · United States Court of Appeals for the Sixth Circuit, No. 21-3996 · judgment January 11, 2023
Before the decision, roughly the 4.1% base rate. The model weighted this up for a circuit split argued in the petition, a dissent in the court below (flagged in the petition), and a Sixth Circuit decision below, and down for a state or local-government respondent.
Question presented
To make out a Fourth Amendment malicious prosecution claim under 42 U.S.C. § 1983, a plaintiff must show that legal process was instituted without probable cause. Thompson v. Clark, 142 S. Ct. 1332, 1338 (2022). Under the charge-specific rule, a malicious prosecution claim can proceed as to a baseless criminal charge, even if other charges brought alongside the baseless charge are supported by probable cause. Under the "any-crime" rule, probable cause for even one charge defeats a plaintiff's malicious prosecution claims as to every other charge, including those lacking probable cause. The question presented is: Whether Fourth Amendment malicious prosecution claims are governed by the charge-specific rule, as the Second, Third, and Eleventh circuits hold, or by the "any-crime" rule, as the Sixth Circuit holds.
Counsel of record
For petitioner
Easha Anand
Stanford Supreme Court Litigation Clinic
For respondent
Megan Marie Wold
Cooper & Kirk, PLLC
Case
Conference history
Distributed for 2 conferences
Amicus briefs
1 cert-stage · 8 merits
(6 supporting pet./neither, 2 respondent)
Argument & decision
Argued April 15, 2024 — Easha Anand · Vivek Suri · Megan M. Wold. Audio and transcript
Decided June 20, 2024. Opinion by Kagan.
Proceedings
- Jul 22 2024Judgment Issued.
- Jun 20 2024Judgment VACATED and case REMANDED. Kagan, J., delivered the opinion of the Court, in which Roberts, C. J., and Sotomayor, Kavanaugh, Barrett, and Jackson, JJ., joined. Thomas, J., filed a dissenting opinion, in which Alito, J., joined. Gorsuch, J., filed a dissenting opinion.
- Apr 15 2024Argued. For petitioners: Easha Anand, Stanford, Cal. For United States, as amicus curiae: Vivek Suri, Assistant to the Solicitor General, Department of Justice, Washington, D. C. For respondents: Megan M. Wold, Washington, D. C.
- Apr 04 2024Reply of petitioner Jascha Chiaverini, et al. filed. (Distributed)
- Mar 20 2024CIRCULATED
- Mar 18 2024Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
- Mar 12 2024Brief amici curiae of States of Iowa, et al. filed.
- Mar 12 2024Brief amici curiae of Local Government Legal Center, et al. filed.
- Mar 06 2024Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
- Mar 05 2024Brief of respondents Napoleon, OH, et al. filed.
- Feb 21 2024Record received electronically from the United States Court of Appeals for the Sixth Circuit and available with the Clerk.
- Feb 16 2024SET FOR ARGUMENT on Monday, April 15, 2024.
- Feb 16 2024Record requested from the United States Court of Appeals for the Sixth Circuit.
- Feb 07 2024Brief amicus curiae of United States filed.
- Feb 07 2024Brief amicus curiae of National Association of Criminal Defense Lawyers filed.
- Feb 07 2024Brief amicus curiae of The Cato Institute filed.
- Feb 07 2024Brief amicus curiae of Constitutional Accountability Center filed.
- Feb 07 2024Brief amicus curiae of Institute for Justice filed.
- Feb 07 2024Brief amicus curiae of National Police Accountability Project filed.
- Jan 31 2024Brief of petitioners Jascha Chiaverini, et al. filed.
- Jan 31 2024Joint appendix filed. (Statement of costs filed)
- Jan 04 2024Motion for an extension of time to file the briefs on the merits filed.
- Jan 04 2024Motion to extend the time to file the briefs on the merits granted. The time to file the joint appendix and petitioners' brief on the merits is extended to and including January 31, 2024. The time to file respondents' brief on the merits is extended to and including March 5, 2024.
- Dec 13 2023Petition GRANTED.
- Dec 01 2023Rescheduled.
- Dec 01 2023DISTRIBUTED for Conference of 12/8/2023.
- Nov 08 2023DISTRIBUTED for Conference of 12/1/2023.
- Nov 08 2023Reply of petitioners Jascha Chiaverini, et al. filed. (Distributed)
- Oct 20 2023Brief of respondents Napoleon, OH, et al. in opposition filed.
- Sep 07 2023Motion to extend the time to file a response is granted and the time is further extended to and including October 20, 2023.
- Sep 06 2023Motion to extend the time to file a response from September 20, 2023 to October 20, 2023, submitted to The Clerk.
- Aug 07 2023Motion to extend the time to file a response is granted and the time is extended to and including September 20, 2023.
- Aug 02 2023Motion to extend the time to file a response from August 21, 2023 to September 20, 2023, submitted to The Clerk.
- Jul 25 2023Brief amicus curiae of Institute for Justice filed.
- Jul 14 2023Petition for a writ of certiorari filed. (Response due August 21, 2023)
- Apr 26 2023Application (22A935) granted by Justice Kavanaugh extending the time to file until July 14, 2023.
- Apr 21 2023Application (22A935) to extend the time to file a petition for a writ of certiorari from May 16, 2023 to July 14, 2023, submitted to Justice Kavanaugh.