Tort – Malicious prosecution – Collateral estoppel

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Where (1) a plaintiff brought a claim for malicious prosecution and (2) the defendants were awarded summary judgment on the ground that the plaintiff was collaterally estopped from relitigating the issue of prosecutorial misconduct, that judgment should be affirmed because the plaintiff has conceded the identity of issues element and has waived his new argument that the defendants failed to establish the “final judgment” element of Rhode Island collateral estoppel law.

“Harlan Shabshelowitz appeals from the grant of summary judgment to the state law enforcement defendants in his suit against them for malicious prosecution. Shabshelowitz’s suit arises out of his arrest and criminal proceedings on charges of obtaining money under false pretenses in violation of R.I. Gen. Laws §§11-41-4 and 11-41-5 (2002), and conspiracy to obtain money under false pretenses in violation of R.I. Gen. Laws §§11-1-6, 11-41-4, and 11-41-5 (2002). Shabshelowitz argues to us, but he did not argue to the federal district court, that defendants failed to establish the “final judgment” element of Rhode Island collateral estoppel law, and that he was deprived of a full and fair opportunity to litigate in state court because appellate review in the Rhode Island Supreme Court was unavailable. On appeal, Shabshelowitz has conceded the identity of issues element. He has waived his new arguments by failing to present them to the district court. He has also failed to meet this circuit’s standards for considering his waived arguments and so we affirm on the basis of waiver.”

Shabshelowitz v. State of Rhode Island Department of Public Safety, et al. (Lawyers Weekly No. 01-194-25) (10 pages) (Lynch, J.) Appealed from a decision by McConnell, J., in the U.S. District Court for the District of Rhode Island. Gary G. Pelletier, Pelletier Clark & Caley, V. Edward Formisano and Formisano and Company on brief for the plaintiff-appellant; Rajaram Suryanarayan, Andrew Plocica, Gunning & LaFazia, Inc., and Jeff Kidd on brief for the defendants-appellees (Docket No. 24-1714) (Sept. 12, 2025).

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