Supreme Court Makes It Easier for Individuals to File Lawsuits for Malicious Prosecution

In a major win for individuals who have had false charges filed against them, on April 4, 2022, the Supreme Court decided Thompson v. Clark. In a 6-3 decision with an opinion by Justice Brett Kavanaugh, the Supreme Court in Thompson decided that, in a civil rights malicious prosecution lawsuit, a criminal proceeding terminated in favor of a plaintiff when the prosecution “ended without a conviction.”

Here’s why that matters:

Under 42 U.S.C. § 1983, an individual who has been accused of a crime and believes that his or her constitutional rights were violated can sometimes sue the police for civil damages.  One type of civil claim is a claim for malicious prosecution under the Fourth Amendment. A civil rights plaintiff has a claim for malicious prosecution against a police officer when the officer: (1) intentionally caused a criminal proceeding to be filed against the plaintiff, (2) without probable cause, and (3) the criminal proceeding was dismissed in favor of the plaintiff.

Prior to Thompson, many courts, including federal courts here in New York, decided that the “favorable termination rule” (element 3 above) required that the criminal proceeding ended in a way that “affirmatively indicates innocence.”  As a practical matter, this was a huge hurdle for a civil rights plaintiff.  For example, a prosecutor sometimes dismisses a case because he or she has determined that there is insufficient evidence to show the accused committed the crime.  In some situations, by the time those charges are dismissed, the accused has already spent significant time in jail waiting for trial, not to mention legal fees, expenses, and time to fight the charges.

Before Thompson, while the accused may feel relieved when the criminal charges get dismissed, he or she could not then file a civil rights lawsuit, even if they have evidence that there was no probable cause to file the charges in the first place, unless they can show that the prosecution believed that the accused was not guilty.

This was an absurd rule because prosecutors rarely explain their decisions on the record.  Therefore, to be able to bring a malicious prosecution lawsuit, the accused would have to either (1) convince the prosecution to memorialize their innocence in some way, or (2) go to trial and obtain an acquittal.

After Thompson, an individual who has been falsely accused of a crime will find it easier to file a lawsuit, because now a proceeding ends in favor of an accused when charges get dismissed without a conviction.  However, “easier” does not mean “easy.”  Importantly, in order to bring a malicious prosecution lawsuit against a police officer, the individual still must show that the police officer knew that there was no probable cause to charge the accused for that crime in the first place. 

If you have had false charges brought against you and those charges were later dismissed, contact The Fu Firm PLLC to discuss whether you may have a legitimate civil rights lawsuit.