Justice Kavanaugh for the Defense: Opinion Tackles Section 1983 Claim
This case required the court to examine prior precedents and historical practice to determine what a favorable termination actually entails.
June 02, 2022 at 12:11 PM
6 minute read
Constitutional LawJust recently, Thompson v. Clark, ___U.S. __, 142 S. Ct. 1332, 212 L. Ed. 2d 382 (April 4, 2022) (Kavanaugh, J.), tackled the thorny question of whether a Fourth Amendment claim under 42 U.S.C Section 1983 could succeed where criminal charges were dismissed before trial without any explanation by the prosecutor or judge. The various circuit courts of appeals have reached different conclusions in answering that question. Compare Kossler v. Crisanti, 564 F. 3d 181, 187 (3d Cir. 2009) (en banc); Cordova v. Albuquerque, 816 F. 3d 645, 649 (10th Cir. 2016), with Laskar v. Hurd, 972 F. 3d 1278, 1286 (11th Cir. 2020) and Lanning v. City of Glens Falls, 908 F.3d 19, 22 (2d Cir. 2018).
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