Miller v. Maddox

Miller was arrested, charged, and indicted on charges of reckless driving and resisting arrest, based on false statements made by Officer Maddox. The district court granted summary judgment in Maddox’s favor on Miller’s malicious prosecution claim under 42 U.S.C. 1983. The Sixth Circuit reversed. Maddox is not entitled to judgment as a matter of law and is not entitled to either absolute or qualified immunity. Although Maddox may never have directly spoken with the prosecutor regarding the case, Maddox swore out the warrant affidavit that was submitted to the night commissioner and was the only witness to testify at the preliminary hearing; he at least influenced or participated in the prosecution decision. Miller may be able to rebut the general rule that an indictment conclusively establishes probable cause. There is a genuine dispute of material fact with respect to whether Miller suffered a deprivation of liberty by being detained past the time necessary to enroll her in a pretrial services program. View "Miller v. Maddox" on Justia Law