Jose Amaury Sanchez-Jimenez v. United States, et al.

A. Chiaverini v. City of Napoleon, 602 U.S. 556 (2024) held that the presence of probable cause for one charge in a criminal proceeding does not categorically defeat a Fourth Amendment malicious-prosecution claim relating to another, baseless charge. In Sanchez’ case the initial charging document (criminal complaint) contained two charges, one of which was a charge without probable cause (hereinafter “Chiaverini violation”). An indictment - invalid due to misrepresentations to the Grand Jury - was “cured” by a superseding indictment filed a year later containing only the charge with probable cause. The questions presented under Chiaverini are as follows: Whether a FTCA malicious prosecution claim under the holding of Chiaverini is barred by a superseding indictment (without the invalid charge) filed more than a year after the initiation of the criminal prosecution? Are damages allowed for the time between the “Chiaverini violation” and the superseding indictment filed a year later? Does the “Chiaverini violation” survive an allegedly curative superseding indictment, allowing for damages even after said filing? -i-