Daiva Richardson and Ronnie Richardson v. City of South Euclid Arnold C. D'Amico Jack Clifford James Farrell and John Doe

RYAN, Circuit Judge.

This case presents the question whether a criminal misdemeanor prosecution under an ordinance later determined to be constitutionally invalid gives rise to a 42 U.S.C. § 1983 injury where no deprivation other than that suffered as a result of maintaining a legal defense is sustained by the party prosecuted. We conclude that criminal prosecution alone does not result in a constitutional deprivation or support a section 1983 claim, and we affirm the district court’s summary judgment dismissing the plaintiffs’ action.

I

Plaintiffs Ronnie and Daiva Richardson are a married…