In a victory for people falsely accused by police of crimes, the Supreme Court removed a barrier Monday to lawsuits against law enforcement for malicious prosecution.
Associate Justice of the Supreme Court of the United States
Justice Brett Kavanaugh wrote for the majority of the court that a person seeking to sue for malicious prosecution under a federal civil rights law has to prove that the case brought against him “ended without a conviction.” The justices rejected a higher bar that federal appeals courts in much of the country had adopted that said the person had to show their case ended because they were innocent.
The case before the justices involved the 2014 arrest of Brooklyn resident Larry Thompson who sued for malicious prosecution after charges against him resulting from a scuffle with police were dropped. Thompson's lawyer Amir Ali of the MacArthur Justice Center said in an interview he was “very pleased with the court's decision” and that it was “welcome and needed.” Ali said that prior to the court's decision there was a “completely unjust and really senseless barrier to bringing these lawsuits” and that the court had “removed that unjust barrier.” Ali said his client will now “have his day in court” and get the opportunity to prove his malicious prosecution claim.
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