Atsas v. Bowen – Do It For The Caselaw

Holding: The Sixth Circuit affirmed the district court's grant of summary judgment, holding that probable cause existed for at least some of the criminal charges against the plaintiff, which bars his federal malicious prosecution claim and related municipal liability.
Standard: qualified immunity analysis
Practical effect: School officials and police officers are protected from liability for malicious prosecution when probable cause exists for any of the charges filed, even if other charges are later dismissed or result in acquittal.

The Sixth Circuit affirmed the district court's grant of summary judgment in a civil rights action brought by a teacher against school officials and police officers. The court held that probable cause existed for at least some of the criminal charges filed against the plaintiff, barring his federal malicious prosecution claim.

Background

Phillip Atsas, a physical education teacher and soccer coach, was charged with theft after school officials and police received statements from parents claiming he collected fees for school-sponsored soccer programs. The criminal case collapsed when the state dismissed all felony counts and a jury acquitted him of the remaining misdemeanors. Atsas then sued the school superintendent, the school district, and the police officers under Section nineteen eighty-three and state law, alleging false arrest, illegal seizure, and malicious prosecution.

The court’s reasoning

The court analyzed the malicious prosecution claim by first determining whether probable cause existed for the charges. It found that probable cause supported two felony and two misdemeanor counts based on statements from parents and the plaintiff’s history of fundraising improprieties. Because probable cause existed for at least some charges, the plaintiff could not sustain a malicious prosecution claim under the precedent binding the court at the time. The court also affirmed the dismissal of the Monell claim against the city and the abuse of process claim against the school district.

We conclude that probable cause supported the two felony and two misdemeanor counts relating to Zatezalo-Greene and Kolidakis.

What it means going forward

School officials and police officers are protected from liability for malicious prosecution when probable cause exists for any of the charges filed, even if other charges are later dismissed or result in acquittal.