Professional Liability

Key Points: 

• The pleading standard for wrongful incarceration and malicious prosecution cases may gradually be shifting to require more specific allegations in order to establish such claims. 
• The Constitution does not provide individuals with a right to have an “adequate” investigation conducted. 

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In recent years, there has been a drastic shift in the way that local prosecutor’s offices handle wrongful incarceration cases, specifically as it relates to overturned homicide convictions. For instance, since 2020, the City of Philadelphia has paid in excess of $20 million in fees for settlement of lawsuits stemming from wrongful incarcerations. Separately, juries have awarded plaintiffs more than $10 million in wrongful conviction cases. 

These wrongful incarceration lawsuits have been fueled, in part, by efforts by prosecutors to hold police officers accountable for engaging in unethical practices while investigating crimes. In 2021, the Philadelphia District Attorney’s Office charged three long-retired homicide detectives with perjury and related charges in connection with their testimony in a criminal trial. The underlying criminal trial stemmed from the rape and murder of an elderly woman, which occurred in 1991. The defendant in that case was convicted, in part, based on a confession that he provided. The defendant was later granted a new trial, and the homicide detectives provided testimony concerning the methods used to obtain the confession. The defendant was acquitted. 

Following the acquittal, the Philadelphia District Attorney’s Office arrested the homicide detectives based on their testimony at the re-trial. Two of the three detectives were later convicted of perjury and related offenses. The criminal defendant later filed a civil rights lawsuit, which settled for millions of dollars. 

In another case, a former Philadelphia homicide detective, James Pitts, was arrested and convicted of felony charges for perjury and obstruction of justice in connection with the 2010 interrogation of a homicide suspect. In that case, Pitts investigated a gruesome robbery/homicide and developed O.O. as a suspect. Pitts interrogated O.O. and obtained a confession. The confession was later used to prosecute and convict O.O. for homicide and related charges. In 2021, O.O.’s conviction was overturned, in part, based on the District Attorney’s finding that O.O.’s confession was coerced. In 2022, Pitts was arrested for perjury and related charges following a grand jury indictment. Pitts was later convicted and sentenced to more than two years’ incarceration. 

Following Pitts’ incarceration, several civil lawsuits were filed against him, alleging he coerced the plaintiffs into providing false confessions and maliciously prosecuted them for crimes they did not commit. 

Prior to the case of Wallace v. City of Phila. et al., 2025 WL 2935248 (E.D. Pa. Oct. 15, 2021), the District Court routinely allowed those lawsuits to advance through discovery simply based on an allegation that law enforcement officials obtained coerced confessions and/or physically assaulted criminal defendants. However, in Wallace, District Court Judge Karen Marston ruled that barebones claims of malicious prosecution, in the absence of something more, do not establish a viable malicious prosecution or wrongful incarceration claim. 

In Wallace, the plaintiff brought claims of malicious prosecution, deprivation of due process, violation of the plaintiff’s right against self-incrimination, civil conspiracy, failure to intervene, Section 1983 Monell violations, and state law malicious prosecution. In the complaint, Wallace alleged that, in 2012, he was wrongfully convicted of second-degree murder based on Pitts’ wrongful conduct, including obtaining a false confession. In that case, Wallace claimed that he was merely present in a home when his associate shot and killed an off-duty police officer. Wallace claimed that following the shooting, Pitts obtained a coerced confession from him while he was heavily sedated and that Pitts also forcibly requested that bullet fragments be retrieved from the plaintiff’s body, against his will. Wallace was subsequently convicted of homicide and related charges and served more than a decade in prison before his conviction was overturned. 

In response to the complaint, Pitts filed a motion to dismiss on several grounds including: (1) the complaint failed to establish that he engaged in conduct that amounted to malicious prosecution; (2) the plaintiff failed to establish that Pitts fabricated evidence; (3) the plaintiff failed to establish that exculpatory evidence was deliberately withheld or suppressed; (4) the plaintiff did not establish that an adequate investigation was not conducted: (5) the plaintiff did not establish a violation of the 5th Amendment right against self-incrimination; (6) the plaintiff failed to establish a civil conspiracy; and (7) the plaintiff failed to establish a claim of failure to intervene. 

In granting the motion to dismiss in its entirety, Judge Marston zeroed in on the malicious prosecution claim and found that, in order to establish such a claim, a plaintiff must establish the following: (1) the government initiated a criminal proceeding; (2) the criminal proceeding ended in the plaintiff’s favor; (3) the proceeding was initiated without probable cause; (4) the government acted maliciously or for a purpose other than bringing the plaintiff to justice; and (5) the plaintiff suffered a deprivation of liberty consistent with a legal seizure. Wallace, 2025 WL 2935248, at *7 (E.D. Pa. Oct. 15, 2025). 

In dismissing the claims, the court emphasized that the plaintiff did not put forth any allegations to suggest that Pitts knowingly provided false information to prosecutors in order to secure a conviction. In drawing this distinction, Judge Marston doubled down on a well-established proposition that a mere allegation of coercion, without more, is a legal conclusion that ordinarily will not survive a motion to dismiss. Id. at *8 (E.D. Pa. Oct. 15, 2025). Last, Judge Marston clearly delineated that the Constitution does not provide individuals with a so-called right to have an adequate investigation conducted. Id. 

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_{Defense Digest, Vol. 31, No. 4, December 2025, is prepared by Marshall Dennehey to provide information on recent legal developments of interest to our readers. This publication is not intended to provide legal advice for a specific situation or to create an attorney-client relationship. ATTORNEY ADVERTISING pursuant to New York RPC 7.1. © 2025 Marshall Dennehey. All Rights Reserved. This article may not be reprinted without the express written permission of our firm. For reprints, contact tamontemuro@mdwcg.com.}