Supreme Court Review 2016/2017 TERM
SUNDAY, JULY 23, 2017

Issue:  Malicious Prosecution Claims

Manuel v. City of Joliet



The question presented is whether an individual's Fourth Amendment right to be free from umeasonable seizure continues beyond legal process so as to allow a malicious prosecution claim based upon the Fourth Amendment. This question was raised, but left unanswered, by this Court in Albright v. Oliver, 510 U.S. 266 (1994). Since then, the First, Second, Third, Fourth, Fifth, Sixth, Ninth, Tenth, Eleventh, and D.C. Circuits have all held that a Fourth Amendment malicious prosecution claim is cognizable through 42 U.S.C. § 1983 ("Section 1983"). Only the Seventh Circuit holds that a Fourth Amendment Section 1983 malicious prosecution claim is not cognizable.


Decided March 21, 2017 HOLDING

Manuel may challenge his pretrial detention on Fourth Amendment grounds. On remand, the Seventh Circuit should determine the claim’s accrual date, unless it finds that the City has previously waived its timeliness argument. In doing so, the court should look to the common law of torts for guidance, Carey v. Piphus, 435 U. S. 247, 257– 258, while also closely attending to the values and purposes of the constitutional right at issue. The court may also consider any other still-live issues relating to the elements of and rules applicable to Manuel’s Fourth Amendment claim.

Author image Justice Kagan
Author Kagan
Dissent Author image Justice Alito
Dissent Author Alito
Agree image Justice Ginsburg
Agree Ginsburg
Agree image Justice Kennedy
Agree Kennedy
Agree image Chief Justice Roberts
Agree Roberts
Dissent Author image Justice Thomas
Dissent Author Thomas
Agree image Justice Breyer
Agree Breyer
Agree image Justice Sotomayor
Agree Sotomayor
Recused image Justice Gorsuch
Recused Gorsuch

KAGAN, J., delivered the opinion of the Court, in which ROBERTS, C. J., and KENNEDY, GINSBURG, BREYER, and SOTOMAYOR, JJ., joined. THOMAS, J., filed a dissenting opinion. ALITO, J., filed a dissenting opinion, in which THOMAS, J., joined.

Text of Opinion
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Argued October 5, 2016

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Granted January 15, 2016

Certiorari Stage Documents
      Petition for Certiorari (pdf download)
Brief in Opposition (pdf download)
Petitioner's Reply (pdf download)


United States Court of Appeals for the Seventh Circuit
Decided January 28, 2015
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