Law Offices of Kenneth N. Flaxman

Wrongful Prosecutions

A criminal prosecution based on false information is a wrongful prosecution and, if the false information was provided by the police, may be the basis for a civil rights lawsuit when the prosecution has been resolved in favor of the criminal defendant by a dismissal, not-guilty judgement, or appellate reversal.

Wrongful prosecution is an evolving area of the law in the Seventh Circuit. Briefs from a currently pending appeal, which argues that these cases should be analyzed under a Fourth Amendment theory, are available here.