Pre-trial diversion is an alternative to prosecution that diverts certain offenders from traditional criminal justice processing into a program of supervision. The offenders must acknowledge responsibility for their actions, but need not admit guilt.
See UNITED STATES ATTORNEY'S MANUAL, ch. 22, 9–22.400. ���Participants who successfully complete the program will not be charged or, if charged, have the charges against them dismissed; unsuccessful participants are returned for prosecution.”
Id., 9–22.000. The Fifth Circuit has not addressed whether a pre-trial diversion agreement is a favorable termination of a criminal action for purposes of maintaining a malicious prosecution claim. Our brethren of the Second Circuit, however, have held that agreements of this nature preclude a
§ 1983 malicious prosecution claim.