D.C. Wheeler and John Thedford Sims v. Cosden Oil and Chemical Co.

GEE, Circuit Judge:

On this appeal from a Rule 12 dismissal, we are asked to determine whether the district court erred in holding that plaintiffs fail to state a claim actionable under 42 U.S.C. § 1983 and in dismissing their pendent state claims. This case requires us to reconsider, in light of recent Supreme Court decisions, our earlier holding in Shaw v. Garrison, 467 F.2d 113 (5th Cir.1972), that an action lies under § 1983 for malicious prosecution without probable cause in a state proceeding. We conclude that Shaw remains valid. We conclude as well that plaintiffs have stated a cause of…