Episode description

In this episode, we cover the Supreme Court's opinion in Thompson v. Clark. Here's a summary of that opinion. A plaintiff wishing to bring a Section 1983 claim for malicious prosecution, need only show that his prosecution ended without a conviction. Justice Brett Kavanaugh authored the 6-3 majority opinion holding that Thompson satisfied that requirement and reversing the judgment of the lower court.

To succeed on a claim of malicious prosecution under Section 1983, a plaintiff must show: (1) the suit or proceeding was instituted without probable cause, (2) the motive in instituting the suit was malicious—that is, for a purpose other than bringing the defendant to justice, and (3) the prosecution terminated in the acquittal or discharge of the accused. The purposes of this third element—favorable termination of the underlying criminal case—are: (a) to avoid parallel civil and criminal litigation, (b) to prevent inconsistent civil and criminal judgments, and (c) to prevent civil suits from being improperly used as collateral attacks on criminal proceedings.

Most American courts have considered a favorable termination to mean simply a prosecution that ends without conviction and cannot be revived. Thus, if the prosecutor abandons the case or the court dismisses the case without stating a reason, these satisfy the third element of a malicious prosecution claim. Acquittal of the defendant is not required. Respondents’ claims to the contrary are not persuasive.

Justice Samuel Alito authored a dissenting opinion, in which Justices Clarence Thomas and Neil Gorsuch joined. Justice Alito argued that the majority’s analysis is cursory and erroneously relies on lower court cases “heavily influenced by a mistaken reading of the plurality opinion in Albright v. Oliver, 510 U.S. 266 (1994).”