CrimProf Blog

Editor: Kevin Cole
Univ. of San Diego School of Law

Wednesday, October 6, 2021

Holland on Fourth Amendment Malicious Prosecution

Brooks Holland (Gonzaga University School of Law) has posted Thompson v. Clark: Does a Fourth Amendment Malicious Prosecution Claim Require Affirmative Proof of the Plaintiff’s Innocence? (49 A.B.A. Supreme Court Preview Journal 32 (2021)) on SSRN. Here is the abstract:
The article for the American Bar Association previews the U.S. Supreme Court case of Thompson v. Clark, No. 20-659, to be argued on October 12, 2021. A New York City police officer arrested Thompson for obstruction of justice and resisting arrest. Thompson sued the officer under Section 1983 for malicious prosecution under the Fourth Amendment after that criminal complaint was dismissed "in the interest of justice." The question presented is whether the rule that a plaintiff must demonstrate favorable termination of a criminal case when filing a Section 1983 claim alleging "unreasonable seizure pursuant to legal process" requires the plaintiff to show that the criminal case ended in a manner "not inconsistent with innocence,” as petitioner Thompson contends, or in a manner that "affirmatively indicates innocence,” as the respondent police officer argues.

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