Wisconsin Malicious Prosecution Lawyers

Malicious prosecution occurs when someone — often a police officer — initiates or continues criminal proceedings against you without probable cause and for an improper purpose, and the case ultimately ends in your favor. A baseless prosecution can cost you your freedom, your job, your savings, and your reputation, even if the charges are eventually dropped or you are acquitted. The U.S. Supreme Court confirmed in Thompson v. Clark that you can bring a Fourth Amendment malicious prosecution claim under 42 U.S.C. § 1983 without having to prove your innocence — only that the prosecution ended without a conviction.

Strang Bradley holds accountable the officers and officials who manufacture charges, fabricate evidence, or pursue prosecutions they know are baseless.

Elements of a Malicious Prosecution Claim

To succeed on a federal malicious prosecution claim, you generally must show:

• Criminal proceedings were initiated or continued against you
• Without probable cause
• For a purpose other than bringing you to justice (an improper motive)
• You were seized or deprived of liberty as a result (for example, arrested, jailed, or subjected to bond conditions)
• The proceedings terminated in your favor (dismissed, dropped, or acquitted)

Common Examples of Malicious Prosecution

• Officers fabricating or planting evidence to support charges
• Falsifying police reports or affidavits to establish probable cause
• Withholding exculpatory evidence from prosecutors (Brady material)
• Coercing or scripting false witness statements
• Pursuing charges in retaliation for protected activity or out of personal bias
• Continuing a prosecution after exculpatory evidence has clearly emerged

What to Do If You Believe You Were Maliciously Prosecuted

1. Preserve every document from your criminal case — charging documents, police reports, court records, and the order or notice showing how the case ended in your favor.
2. Write down the timeline of events, including what you believe the officers’ true motive was.
3. Keep records of the costs you incurred: bail, lost wages, attorney’s fees, and the emotional toll.
4. Contact a civil rights attorney promptly — the favorable termination of your criminal case may start the clock on your civil claim.

Constitutional and Wisconsin Law

Federal malicious prosecution claims proceed under the Fourth Amendment through 42 U.S.C. § 1983, following Thompson v. Clark. Wisconsin also recognizes a state common-law tort of malicious prosecution. Prosecutors enjoy absolute immunity for their advocacy in court, but that immunity generally does not protect investigative misconduct such as fabricating evidence, and officers can be held liable for the role they played in launching a baseless case. A municipality may face Monell liability where such conduct reflects a policy or pattern.

Compensation You May Be Entitled To From A Malicious Prosecution

• Time spent in custody or under bond conditions
• Lost wages and lost earning capacity
• Criminal defense fees and costs you paid
• Emotional distress and reputational harm
• Compensation for the constitutional violation itself
• Punitive damages against individual officers in egregious cases
• Attorney’s fees under 42 U.S.C. § 1988

Why Choose Strang Bradley for a Malicious Prosecution Case

Because we also practice criminal defense, few firms understand the machinery of a criminal case the way ours does. That insight lets us reconstruct exactly how a prosecution was built, identify where officers crossed the line from investigation into fabrication, and prove the absence of probable cause to a civil jury. We have spent our careers at the intersection of criminal defense and civil rights.