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Cline v. Riley — Court of Appeals opinion, 1099-25-1

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- 11 - probable cause as an affirmative defense, we look to federal case law analyzing Virginia malicious prosecution actions for guidance.10 In Johnson v. Ortiz, 721 F. Supp. 3d 418, 425 (E.D. Va. 2024), Johnson pursued both federal and Virginia malicious prosecution actions. Johnson claimed that the defendant-detective “[made] false statements to the special grand jury mischaracterizing [the jailhouse informant]’s description of the crime and how Johnson related to it.” Id. at 429. The district court rejected Johnson’s contention and found that because the special grand jury and the Commonwealth’s Attorney decided to indict and prosecute Johnson, this “severed the causal chain between [the defendant-detective]’s alleged unconstitutional conduct and the plaintiff’s injury.” Id. It also held that, generally, “[t]he subsequent acts of independent decisionmakers, including prosecutors, grand juries, and judges, may constitute intervening superseding causes that break the causal chain between a law enforcement officer’s misconduct and a plaintiff’s unlawful seizure.”11 Id. Here, Cline’s complaint alleged that the charges sought by Officer Riley “were based on the uncorroborated allegations of a mentally unstable individual under psychiatric care, who had made a multitude of similar sexual assault and abuse allegations against her former friends and family members.” This is analogous to an allegation of officer misconduct in Johnson, and similar to the Johnson court’s analysis, we find here that the intervening and superseding determinations of probable cause—evidence that was presented to the circuit court in appellees’ 10 “[The Supreme Court of Virginia] has, over time, looked to federal law to help provide guiding principles or to exemplify a point.” Elizabeth River Crossings OpCo, LLC v. Meeks, 286 Va. 286, 309 n.4 (2013). 11 The district court also opined that “[a] police officer may remain liable for malicious prosecution . . . only under certain narrow circumstances, such as when an officer ‘lied to or misled the prosecutor,’ ‘failed to disclose exculpatory evidence to the prosecutor,’ or ‘unduly pressured the prosecutor to seek the indictment.’” Johnson, 721 F. Supp. 3d at 429 (quoting Evans v. Chalmers, 703 F.3d 636, 647-48 (4th Cir. 2012)).
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