Welton v. Anderson

Dist. Ct. did not err in dismissing plaintiff’s section 1983 action alleging that defendants (police officer and others) engaged in malicious prosecution of plaintiff on theft and fraud charges, where plaintiff was eventually found not guilty of said charges. Plaintiff failed to allege predicate constitutional violation in support of his 14th Amendment malicious prosecution claim, and plaintiff otherwise had no constitutional right not to be prosecuted without probable cause. Moreover, plaintiff failed to state viable 4th Amendment malicious prosecution claim, where any “seizure” of plaintiff ended when prosecution began, and where plaintiff’s allegations concerned conduct that occurred after said arraignment.