Debate over mixed valid and invalid charges in malicious prosecution cases

A salient issue in challenging malicious prosecutions is the debate surrounding cases with a mix of valid and invalid charges. Some argue that even if some charges are valid, individuals should be able to sue for malicious prosecution for the invalid ones, highlighting the potential harm incurred during arrests. However, some courts, like the Sixth Circuit Court of Appeals, have implemented a doctrine that prevents suing if at least one charge in a set was valid, even if other charges lacked probable cause. This approach raises concerns about the ability to seek recourse for clearly erroneous prosecutions.