Unpublished Disposition, 843 F.2d 501 (9th Cir. 1986)

MEMORANDUM^* 

Robert R. Heil appeals from the February 19, 1986 order of the district court dismissing his 42 U.S.C. § 1983 claim against defendant Sierra Sands School District for deprivation of civil rights though the malicious prosecution of civil proceedings.¹  We affirm.

Heil's complaint was properly dismissed because it failed to state a claim under 42 U.S.C. § 1983. Heil's only allegations of malicious prosecution involved civil proceedings against him. Malicious prosecution through civil proceedings does not support a section 1983 claim. Paskaly v. Seale, 506 F.2d 1209, 1212 (9th Cir. 1974) (rejecting a 1983 claim for malicious prosecution in a civil proceeding because " [m]alicious prosecution ... is a concept applicable only in criminal proceedings."); McMaster v. Cabinet for Human Resources, 824 F.2d 518, 522 (6th Cir. 1987) ("the courts that have recognized that malicious prosecution may support a section 1983 claim are virtually unanimous in holding that constitutional protection exists only with respect to criminal proceedings and not to civil proceedings."); Howard Gault Co. v. Texas Rural Legal Aid, Inc., 615 F. Supp. 916, 938 (D.C.Texas 1985) ("To the extent that [plaintiff's] malicious prosecution claim is cognizable under Sec. 1983 ... [plaintiff] cannot prevail because the state court proceeding was civil, not criminal."); M. Schwartz & J. Kirklin, Section 1983 Litigation: Claims, Defenses, and Fees 50 & n. 6 (1986) ("The constitutional right [to be free from malicious prosecution] exists only with respect to criminal proceedings and not to civil proceedings."). See Usher v. City of Los Angeles, 828 F.2d 556 (9th Cir. 1987) (section 1983 malicious prosecution for illegal arrest); Bretz v. Kelman, 773 F.2d 1026 (9th Cir. 1985) (en banc) (section 1983 malicious prosecution claim for criminal prosecution on groundless charges); Cline v. Brusett, 661 F.2d 108 (9th Cir. 1981) (same). Cf. Lucsic v. Board of Education, 621 F.2d 841, 842-43 (6th Cir. 1980) (suggesting incarceration resulting from maliciously prosecuted civil contempt proceedings may support a section 1983 claim).

Heil points to no authority to the contrary.

AFFIRMED.