Cite as: 510 U. S. 266 (1994)
Syllabus
119. But Albright was not merely charged; he submitted himself to arrest. No view is expressed as to whether his claim would succeed under the Fourth Amendment, since he has not presented the question in his certiorari petition. Pp. 271-275.
Justice Kennedy, joined by Justice Thomas, determined that Albright's due process claim concerns not his arrest but instead the malicious initiation of a baseless criminal prosecution against him. The due process requirements for criminal proceedings do not include a standard for the initiation of a prosecution. Moreover, even assuming, arguendo, that the common-law interest in freedom from malicious prosecution is protected by the Due Process Clause, there is neither need nor legitimacy in invoking 42 U. S. C. § 1983 in this case, given the fact that Illinois provides a tort remedy for malicious prosecution and the Court's holding in Parratt v. Taylor, 451 U. S. 527, 535-544, that a state actor's random and unauthorized deprivation of such a due process interest cannot be challenged under § 1983 so long as the State provides an adequate postdeprivation remedy. Pp. 281-286.
Justice Souter concluded that, because this case presents no substantial burden on liberty beyond what the Fourth Amendment is generally thought to redress already, petitioner has not justified recognition of a substantive due process violation in his prosecution without probable cause. Substantive due process should be reserved for otherwise homeless substantial claims, and should not be relied on when doing so will duplicate protection that a more specific constitutional provision already bestows. Petitioner's asserted injuries—including restraints on his movement, damage to his reputation, and mental anguish—are not alleged to have flowed from the formal instrument of prosecution, as distinct from the ensuing police seizure of his person; have been treated by the Courts of Appeals as within the ambit of compensability under 42 U. S. C. § 1983 for Fourth Amendment violations; and usually occur only after an arrest or other seizure. Pp. 286-291.
Rehnquist, C. J., announced the judgment of the Court and delivered an opinion, in which O'Connor, Scalia, and Ginsburg, JJ., joined. Scalia, J., post, p. 275, and Ginsburg, J., post, p. 276, filed concurring opinions. Kennedy, J., filed an opinion concurring in the judgment, in which Thomas, J., joined, post, p. 281. Souter, J., filed an opinion concurring in the judgment, post, p. 286. Stevens, J., filed a dissenting opinion, in which Blackmun, J., joined, post, p. 291.
John H. Bisbee argued the cause for petitioner. With him on the briefs was Barry Nakell.
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