Malicious prosecution investigations

A person who was charged without probable cause may have a claim once the prosecution ends. In Thompson v. Clark (2022), the Supreme Court held that the plaintiff need only show that the prosecution ended without a conviction, not that it ended with an affirmative finding of innocence. The investigation reconstructs how the charge came to be brought.

What an investigation looks for

• What the officers told the prosecutor, compared with what the evidence showed
• The complete criminal case file, including what was disclosed and when
• Witnesses whose statements were misreported or omitted
• How and why the case ended, documented from the court record

How these cases are investigated

In malicious prosecution cases, the work most often involves independent case review, public records requests, witness location and interviews, and officer and agency background research. What a particular case needs depends on what evidence already exists and what is at risk of being lost.

Nationwide, and civil rights only

Civil Rights PI works only on civil rights matters, including malicious prosecution cases, and accepts investigations in every state. Findings are delivered in a written report, with the source of every fact, for use by you and your attorney.