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- NOTICE: This opinion is subject to formal revision before publication in the
- preliminary print of the United States Reports. Readers are requested to
- notify the Reporter of Decisions, Supreme Court of the United States, Wash-
- ington, D.C. 20543, of any typographical or other formal errors, in order that
- corrections may be made before the preliminary print goes to press.
- SUPREME COURT OF THE UNITED STATES
- --------
- No. 92-833
- --------
- KEVIN ALBRIGHT, PETITIONER v. ROGER
- OLIVER, etc., et al.
- on writ of certiorari to the united states court
- of appeals for the seventh circuit
- [January 24, 1994]
-
- Chief Justice Rehnquist announced the judgment of
- the Court and delivered an opinion, in which Justice
- O'Connor, Justice Scalia, and Justice Ginsburg
- joined.
- A warrant was issued for petitioner's arrest by Illinois
- authorities, and upon learning of it he surrendered and
- was released on bail. The prosecution was later dis-
- missed on the ground that the charge did not state an
- offense under Illinois law. Petitioner asks us to recog-
- nize a substantive right under the Due Process Clause
- of the Fourteenth Amendment to be free from criminal
- prosecution except upon probable cause. We decline to
- do so.
- This case comes to us from a decision of the Court of
- Appeals for the Seventh Circuit affirming the grant of a
- motion to dismiss the complaint pursuant to Federal
- Rule of Civil Procedure 12(b)(6), and we must therefore
- accept the well-pleaded allegations of the complaint as
- true. Illinois authorities issued an arrest warrant for
- petitioner Kevin Albright, charging him on the basis of
- a previously filed criminal information with the sale of
- a substance which looked like an illegal drug. When he
- learned of the outstanding warrant, petitioner surren-
- dered to respondent, Roger Oliver, a police detective
- employed by the city of Macomb, but denied his guilt of
- such an offense. He was released after posting bond,
- one of the conditions of which was that he not leave the
- State without permission of the court.
- At a preliminary hearing, respondent Oliver testified
- that petitioner sold the look-alike substance to Moore,
- and the court found probable cause to bind petitioner
- over for trial. At a later pretrial hearing, the court
- dismissed the criminal action against petitioner on the
- ground that the charge did not state an offense under
- Illinois law.
- Albright then instituted this action under Rev. Stat.
- 1979, 42 U. S. C. 1983, against Detective Oliver in
- his individual and official capacity, alleging that Oliver
- deprived him of substantive due process under the
- Fourteenth Amendment-his -liberty interest--to be free
- from criminal prosecution except upon probable cause.
- The District Court granted respondent's motion to
- dismiss under Rule 12(b)(6) on the ground that the
- complaint did not state a claim under 1983. The
- Court of Appeals for the Seventh Circuit affirmed, 975
- F. 2d 343 (1992), relying on our decision in Paul v.
- Davis, 424 U. S. 693 (1976). The Court of Appeals held
- that prosecution without probable cause is a constitu-
- tional tort actionable under 1983 only if accompanied
- by incarceration or loss of employment or some other
- -palpable consequenc[e].- 975 F. 2d, at 346-347. The
- panel of the Seventh Circuit reasoned that -just as in
- the garden-variety public-officer defamation case that
- does not result in exclusion from an occupation, state
- tort remedies should be adequate and the heavy weap-
- onry of constitutional litigation can be left at rest.- Id.,
- at 347. We granted certiorari, 507 U. S. ___ (1993),
- and while we affirm the judgment below, we do so on
- different grounds. We hold that it is the Fourth
- Amendment, and not substantive due process, under
- which petitioner Albright's claims must be judged.
- Section 1983 -is not itself a source of substantive
- rights,- but merely provides -a method for vindicating
- federal rights elsewhere conferred.- Baker v. McCollan,
- 443 U. S. 137, 144, n. 3 (1979). The first step in any
- such claim is to identify the specific constitutional right
- allegedly infringed. Graham v. Connor, 490 U. S. 386,
- 394 (1989); and Baker v. McCollan, supra, at 140.
- Petitioner's claim before this Court is a very limited
- one. He claims that the action of respondents infringed
- his substantive due process right to be free of prosecu-
- tion without probable cause. He does not claim that
- Illinois denied him the procedural due process guaran-
- teed by the Fourteenth Amendment. Nor does he claim
- a violation of his Fourth Amendment rights, notwith-
- standing the fact that his surrender to the State's show
- of authority constituted a seizure for purposes of the
- Fourth Amendment. Terry v. Ohio, 392 U. S. 1, 19
- (1968); Brower v. County of Inyo, 489 U. S. 593, 596
- (1989).
- We begin analysis of petitioner's claim by repeating
- our observation in Collins v. Harker Heights, 503 U. S.
- ___, ___ (1992) (slip op., at 9). -As a general matter,
- the Court has always been reluctant to expand the
- concept of substantive due process because the guide-
- posts for responsible decisionmaking in this unchartered
- area are scarce and open-ended.- The protections of
- substantive due process have for the most part been
- accorded to matters relating to marriage, family, procre-
- ation, and the right to bodily integrity. See, e. g.,
- Planned Parenthood of Southeastern Pa. v. Casey, 505
- U. S. ___, ___ (1992) (slip op., at 5-6) (describing cases
- in which substantive due process rights have been recog-
- nized). Petitioner's claim to be free from prosecution
- except on the basis of probable cause is markedly
- different from those recognized in this group of cases.
- Petitioner relies on our observations in cases such as
- United States v. Salerno, 481 U. S. 739, 746 (1987), and
- Daniels v. Williams, 474 U. S. 327, 331 (1986), that the
- Due Process Clause of the Fourteenth Amendment
- confers both substantive and procedural rights. This is
- undoubtedly true, but it sheds little light on the scope
- of substantive due process. Petitioner points in particu-
- lar to language from Hurtado v. California, 110 U. S.
- 516, 527 (1884), later quoted in Daniels, supra, stating
- that the words -by the law of the land" from the Magna
- Carta were -`intended to secure the individual from the
- arbitrary exercise of the powers of government.'- This,
- too, may be freely conceded, but it does not follow that,
- in all of the various aspects of a criminal prosecution,
- the only inquiry mandated by the Constitution is
- whether, in the view of the Court, the governmental
- action in question was -arbitrary.-
- Hurtado held that the Due Process Clause did not
- make applicable to the States the Fifth Amendment's
- requirement that all prosecutions for an infamous crime
- be instituted by the indictment of a grand jury. In the
- more than 100 years which have elapsed since Hurtado
- was decided, the Court has concluded that a number of
- the procedural protections contained in the Bill of Rights
- were made applicable to the States by the Fourteenth
- Amendment. See Mapp v. Ohio, 367 U. S. 643 (1961),
- overruling Wolf v. Colorado, 338 U. S. 25 (1949), and
- holding the Fourth Amendment's exclusionary rule
- applicable to the States; Malloy v. Hogan, 378 U. S. 1
- (1964), overruling Twining v. New Jersey, 211 U. S. 78
- (1908), and holding the Fifth Amendment's privilege
- against self-incrimination applicable to the States;
- Benton v. Maryland, 395 U. S. 784 (1969), overruling
- Palko v. Connecticut, 302 U. S. 319 (1937), and holding
- the Double Jeopardy Clause of the Fifth Amendment
- applicable to the States; Gideon v. Wainwright, 372
- U. S. 335 (1963), overruling Betts v. Brady, 316 U. S.
- 455 (1942), and holding that the Sixth Amendment's
- right to counsel was applicable to the States. See also
- Klopfer v. North Carolina, 386 U. S. 213 (1967) (Sixth
- Amendment speedy trial right applicable to the States);
- Washington v. Texas, 388 U. S. 14 (1967) (Sixth Amend-
- ment right to compulsory process applicable to the
- States); Duncan v. Louisiana, 391 U. S. 145 (1968)
- (Sixth Amendment right to jury trial applicable to the
- States).
- This course of decision has substituted, in these areas
- of criminal procedure, the specific guarantees of the
- various provisions of the Bill of Rights embodied in the
- first 10 Amendments to the Constitution for the more
- generalized language contained in the earlier cases
- construing the Fourteenth Amendment. It was through
- these provisions of the Bill of Rights that their Framers
- sought to restrict the exercise of arbitrary authority by
- the Government in particular situations. Where a
- particular amendment -provides an explicit textual
- source of constitutional protection- against a particular
- sort of government behavior, -that Amendment, not the
- more generalized notion of `substantive due process,'
- must be the guide for analyzing these claims.- Graham
- v. Connor, 490 U. S., at 395.
- We think this principle is likewise applicable here.
- The Framers considered the matter of pretrial depriva-
- tions of liberty, and drafted the Fourth Amendment to
- address it. The Fourth Amendment provides:
- -The right of the people to be secure in their persons, houses, papers,
- and effects, against unreasonable searches and seizures, shall not be
- violated, and no Warrants shall issue, but upon probable cause, supported
- by Oath or affirmation, and particularly describing the place to be
- searched, and the persons or things to be seized.-
- We have in the past noted the Fourth Amendment's
- relevance to the deprivations of liberty that go hand in
- hand with criminal prosecutions. See Gerstein v. Pugh,
- 420 U. S. 103, 114 (1975) (holding that the Fourth
- Amendment requires a judicial determination of probable
- cause as a prerequisite to any extended restraint on
- liberty following an arrest). We have said that the
- accused is not -entitled to judicial oversight or review of
- the decision to prosecute.- Id., at 118-119. See also
- Beck v. Washington, 369 U. S. 541, 545 (1962); Lem
- Woon v. Oregon, 229 U. S. 586 (1913). But here
- petitioner was not merely charged; he submitted himself
- to arrest.
- We express no view as to whether petitioner's claim
- would succeed under the Fourth Amendment, since he
- has not presented that question in his petition for
- certiorari. We do hold that substantive due process,
- with its -scarce and open-ended- -guideposts,- Collins v.
- Harker Heights, 503 U. S., at ___ (slip op., at 9), can
- afford him no relief.
- The judgment of the Court of Appeals is therefore
-
- Affirmed.
-