678 F.3d 676
8th Cir.2012Background
- Harrington and McGhee were convicted in 1978 for murder and later had convictions vacated by Iowa Supreme Court in 2002-2003 due to prosecutorial Brady violations.
- McGhee pled guilty to second-degree murder in exchange for time served; Harrington’s retrial was not pursued.
- Appellees sued police officers Larsen and Brown, prosecutors, the County, and the City under 42 U.S.C. §§ 1983 and 1985 and state law for alleged unconstitutional investigation and prosecution.
- District court held officers may lack probable cause and may have fabricated evidence; other claims settled or dismissed; state-law claims deemed time-barred.
- On appeal, officers challenged denial of summary judgment, arguing qualified immunity shields them on claims that depend on lack of probable cause.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether officers are entitled to qualified immunity on Fourth Amendment claims rooted in malicious prosecution | Harrington/McGhee contend officers lacked probable cause and fabrications violated rights. | Larsen/Brown argue probable cause or clearly established right negates §1983 claims. | Yes; qualified immunity applies to Fourth Amendment malicious-prosecution claims. |
| Whether a Fourth Amendment right against malicious prosecution was clearly established in 1977–1978 | Appellees rely on Moran/Sartin line of authorities to show establishability. | Officers contend right was not clearly established at that time. | Not clearly established in 1977–1978; qualified immunity remains available. |
| Whether probable cause to arrest for car theft defeats claims based on lack of probable cause for murder | Probable cause to arrest for car theft undermines §1983 claims tied to lack of probable cause. | Probable cause for car theft may not resolve murder-prosecution claims; issues remain fact-intensive. | Not reached as dispositive; court reversed on immunity, remanding remaining claims. |
Key Cases Cited
- Albright v. Oliver, 510 U.S. 266 (U.S. 1994) (malicious-prosecution right not clearly established; due process distinction)
- Moran v. Clarke, 296 F.3d 638 (8th Cir. 2002) (substantive due process limits on fabricating evidence post-Albright)
- Sartin v. Commissioner of Pub. Safety of Minn., 535 F.2d 430 (8th Cir. 1976) (uncertainty about whether malicious-prosecution claim is a Fourth Amendment violation)
- Malley v. Briggs, 475 U.S. 335 (U.S. 1986) (probable-cause based false-arrest claim and qualified immunity standard)
- Wallace v. Kato, 549 U.S. 384 (U.S. 2007) (false imprisonment accrual; Malicious-prosecution framework; right timing)
- Devenpeck v. Alford, 543 U.S. 146 (U.S. 2004) (clearly established probable-cause requirement and scope of arresting officer knowledge)
- Nieves v. McSweeney, 241 F.3d 46 (1st Cir. 2001) (Fourth Amendment context for malicious prosecution theories)