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04 April 2022

The Right Decision At SCOTUS

In what should be an easy case, SCOTUS decided in a 6-3 decision that not being convicted in the face of a malicious prosecution is good enough to prevail in a civil action for malicious prosecution, without having to show that a criminal prosecution ends with an affirmative finding of innocence, something that almost never happens in a criminal case. 

Thomas, Alito, and Gorsuch dissent join Alito's dissenting opinion. They argue that a Section 1983 lawsuit should involve wrongful search and seizure claims, but not something akin to a common law malicious prosecution claim. But common law malicious prosecution claims are often barred by state law governmental immunity, so the practical effect of such a ruling would be to deny relief when someone is prosecuted for a crime without probable cause.

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