Campbell Et Al. v. Brummett

Background

A man named Jay Brummett was prosecuted after his bank said he failed to repay a $30,000-plus loan secured by his stereo shop’s equipment and inventory. He was indicted under a Texas law that makes it a felony to remove collateral from the State. After three years the charge was dismissed for insufficient evidence. Brummett then sued the prosecutors, the county, the bank, and bank employees, alleging a conspiracy to bring a malicious prosecution under state law and under 42 U.S.C. §1983, the federal civil-rights law that lets people sue government officials for rights violations.

Reasoning

The core questions were whether §1983 covers a malicious prosecution claim and when such a claim begins to run. The Fifth Circuit held that a §1983 malicious-prosecution claim does not begin until the underlying criminal case ends in the defendant’s favor. Other federal appeals courts are split: the Third, Sixth, and Tenth follow the Fifth Circuit’s approach, while the First treats the claim as starting at arrest, and the Ninth has been inconsistent. The Supreme Court declined to review the case, so it did not resolve that split and left the Fifth Circuit’s decision intact.

Real world impact

Because the Court denied review, the disagreement among federal appeals courts remains. People who were prosecuted and want to sue under §1983 may face different rules depending on which circuit hears their case. The Fifth Circuit’s view that such claims begin only after a favorable criminal outcome applies in that circuit for now, but the issue remains open nationally and could be taken up later in another case.

Dissents or concurrances

Justice White dissented from the denial and said the Court should have granted review to resolve the clear split among the circuits over availability and timing of §1983 malicious-prosecution claims.