459 U.S. 1005 | SCOTUS | 1982
Dissenting Opinion
dissenting.
The respondent police officer Lane went to the local District Attorney’s office with petitioner Smith’s minor daughter, who averred that she had had sexual relations with her father. After hearing her story, an Assistant District Attorney swore out an affidavit and procured an arrest warrant from a judge. Lane, acting pursuant to the warrant, then arrested Smith on incest charges. After being tried and acquitted of these charges, Smith filed a 42 U. S. C. §1983 damages action for deprivation of his constitutional rights, alleging, inter alia, that Lane’s involvement in his arrest was malicious, harassing, and in bad faith.
On appeal, the Court of Appeals held that the claim relating to the incest charges never should have gone to trial, but rather should have been dismissed. Assuming, arguendo, that Lane had, as alleged, acted maliciously by withholding evidence of Smith’s innocence from the Assistant District Attorney who obtained the arrest warrant,
The differing approaches to the causation problem are typified by three contrasting opinions in Rodriguez v. Ritchey, 556 F. 2d 1185 (CA5 1977) (en banc), cert. denied, 434 U. S. 1047 (1978), which the court below in the present case purported to follow. The six plurality judges in Rodriguez reasoned that the defendant officers could not be liable for a wrongful arrest because an indictment by a properly constituted grand jury “conclusively” determined the existence of probable cause. 556 F. 2d, at 1191 (opinion of Tjoflat, J.). Two specially concurring judges indicated that the plurality’s rule might not be applicable should an officer “maliciously or in bad faith seek to obtain an indictment from a grand jury.”
Section 1983 actions for wrongful arrest and prosecution are frequently brought against police officers. The causation issue will be important, if not dispositive, in many of these cases. I would grant certiorari to resolve this significant, recurring question that has divided the lower courts.
Smith’s complaint also alleged that unconstitutional conduct of Lane caused him to be damaged in a number of other ways that I need not detail here.
In his brief in opposition to certiorari, Lane argues at length that there was no evidence that he withheld any evidence or acted improperly in any manner. I do not reach this question. Had the Fifth Circuit rested its holding on this basis, this would be a different ease. But the court did not do so; it was willing to at least assume that there was sufficient evidence that Lane’s actions were wrongful.
Lead Opinion
C. A. 5th Cir. Certiorari denied.