Seated from left to right: Justices Samuel A. Alito, Jr. and Clarence Thomas, Chief Justice John G. Roberts, Jr., and Justices Stephen G. Breyer and Sonia Sotomayor. Standing from left to right: Justices Brett M. Kavanaugh, Elena Kagan, Neil M. Gorsuch, and Amy Coney Barrett. .Photo: Fred Schilling/Collection of the Supreme Court of the United States The Supreme Court's Malicious Prosecution Decision
In his Section 1983 Litigation column, Martin Schwartz discusses 'Thompson v. Clark,' where the Supreme Court held that the "favorable termination" element of a §1983 malicious prosecution claim requires the plaintiff to show only that the criminal prosecution did not terminate in conviction.
July 01, 2022 at 12:00 PM
11 minute read
Large numbers of §1983 complaints assert Fourth Amendment "malicious prosecutions" claims. The gravamen of the claim is that the plaintiff was criminally prosecuted without probable cause. Although the claim challenges the initiation of criminal legal process, a prosecutor's decision to prosecute is shielded by absolute prosecutorial immunity. Imbler v. Pachtman, 424 U.S. 409 (1976). The claim would thus have to be asserted against a law enforcement officer, such as an arresting officer, who played a meaningful role in bringing about the criminal prosecution. See Hartman v. Moore, 547 U.S. 250, 261-62 (2005).
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