In an important civil rights decision, the 5th U.S. Circuit Court of Appeals has ruled that a "malicious prosecution" claim, standing alone, does not violate the U.S. Constitution. The en banc opinion in Castellano v. Fragozo, et al. represents the court's attempt to clarify its confusing case law, and serves as a warning for attorneys to untangle litigation involving civil rights claims from allegations based in state malicious-prosecution tort law.
5th Circuit: Malicious Prosecution Not a Constitutional Violation
December 18, 2003