Can a plaintiff bring a cause of action for malicious prosecution?

California, United States of America


The following excerpt is from Jaquez v. City of Victorville, G050278 (Cal. App. 2015):

Macias's section 1983 cause of action for malicious prosecution fails for two reasons. First, "[m]alicious prosecution, by itself, does not constitute a due process violation; to prevail [the plaintiff] must show that the defendants prosecuted [him or] her with malice and without probable cause, and that they did so for the purpose of denying [him or] her equal protection or another specific constitutional right." (Freeman v. City of Santa Ana (9th Cir. 1995) 68 F.3d 1180, 1189.) Macias did not allege the City prosecuted him for the purpose of denying him equal protection or some other constitutional right.

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