Chicago Malicious Prosecution Attorney

Law enforcement officers—whether local, state, or federal—may not misuse the criminal justice system to deprive individuals—citizens and non-citizens alike—of their liberty. The Fourth Amendment protects against unreasonable seizures, including those that result from criminal charges initiated or continued without lawful justification. Illinois law likewise prohibits the malicious use of legal process to wrongfully subject a person to prosecution.

Malicious prosecution occurs when law enforcement officers or other government actors initiate or continue a criminal prosecution without probable cause, with malice or an improper purpose, and the proceeding terminates in the accused’s favor. Fabricating evidence, withholding exculpatory information, or providing false or misleading statements to prosecutors to justify criminal charges violates both the Fourth Amendment and Illinois common law.

When malicious prosecution occurs, the officers involved may be held personally liable, and the government entity that employs them may also be responsible under federal or state law. Sadelski Law represents individuals who were subjected to malicious prosecution by pursuing claims under the Fourth Amendment and Illinois common law against the involved officers and responsible government entities in federal or state court to hold them accountable and seek full compensation for violations of constitutional and statutory rights.