Whether Fourth Amendment malicious prosecution claims are governed by the charge-specific rule or the any-crime rule

QUESTION PRESENTED To make out a Fourth Amendment malicious prosecution claim under 42 U.S.C. § 1983, a plaintiff must show that legal process was instituted without probable cause. Thompson v. Clark, 142 8. Ct. 1332, 1338 (2022). Under the charge-specific rule, a malicious prosecution claim can proceed as to a baseless criminal charge, even if other charges brought alongside the baseless charge are supported by probable cause. Under the “any-crime” rule, probable cause for even one charge defeats a plaintiffs malicious prosecution claims as to every other charge, including those lacking probable cause. The question presented is: Whether Fourth Amendment malicious prosecution claims are governed by the charge-specific rule, as the Second, Third, and Eleventh circuits hold, or by the “anycrime” rule, as the Sixth Circuit holds.