314
Stevens, J., dissenting
Thus, contrary to Justice Kennedy's conclusion, ante, at 285, Parratt's "precedential force" does not dispose of this case. Petitioner was subjected to criminal charges by an affirmative, deliberate act of a state official.32 The filing of criminal charges is effectuated through established state procedures under which government agents, such as respondent Oliver, are authorized to act.33 In addition, the State's authorized agent knows precisely when the deprivation of the liberty interest to be free from criminal prosecution will occur—the moment that the charges are filed.34 Therefore, as with arrest or imprisonment, the State is capable of providing a reasoned predeprivation determination, at least ex parte, prior to the commencement of criminal proceedings.35 See
Zinermon v. Burch, 494 U. S., at 136-139. Failure to do so, or to do so in a meaningful way, see supra, at 298-300, is constitutionally unacceptable.36 Thus, notwithstanding the possible availability of a state tort action for malicious prosecution, § 1983 provides a federal remedy for the constitutional violation alleged by petitioner. Monroe v. Pape, 365 U. S. 167, 183 (1961) ("The federal remedy is supplementary to the
32 This case is thus distinguishable from Hudson v. Palmer, 468 U. S. 517 (1984), in which petitioner alleged that a prison guard intentionally destroyed his property. Id., at 533 (holding that the Due Process Clause is not violated by random and unauthorized intentional deprivations of property "until and unless it provides or refuses to provide a suitable postdeprivation remedy").
33 See n. 14, supra.
34 The Parratt doctrine is also inapplicable here because it does not apply to cases in which the constitutional deprivation is complete when the tort occurs. Zinermon v. Burch, 494 U. S. 113, 125 (1990) (citing Daniels v. Williams, 474 U. S. 327, 338 (1986) (Stevens, J., concurring in judgments)); see supra, at 313.
35 See, e. g., Gerstein v. Pugh, 420 U. S., at 114 (holding that the Fourth Amendment, as applied to the States through the Due Process Clause of the Fourteenth Amendment, "requires a judicial determination of probable cause as a prerequisite to extended restraint of liberty following arrest").
36 See, e. g., Logan v. Zimmerman Brush Co., 455 U. S. 422, 435-437 (1982).
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