“Requiring the plaintiff to show that his prosecution ended with an affirmative indication of innocence would paradoxically foreclose” a Section 1983 claim, he wrote, “when the government’s case was weaker and dismissed without explanation before trial, but allow a claim when the government’s evidence was substantial enough to proceed to trial.”
The ruling was narrow and incremental, and Justice Kavanaugh noted that it left police officers with other ways to defeat “unwarranted civil suits,” notably including qualified immunity, the doctrine that requires plaintiffs to show not only that the officer had violated a constitutional right but also that the right had been “clearly established” in a previous ruling.
Chief Justice John G. Roberts Jr. and Justices Stephen G. Breyer, Sonia Sotomayor, Elena Kagan and Amy Coney Barrett joined the majority opinion.
In dissent, Justice Samuel A. Alito Jr. wrote that the majority had failed to demonstrate the federal law allowed malicious prosecution claims at all, saying that Justice Kavanaugh had stitched together “elements taken from two very different claims: a Fourth Amendment unreasonable seizure claim and a common-law malicious-prosecution claim.”
“In fact,” he wrote, “the Fourth Amendment and malicious prosecution have almost nothing in common.”
Justices Clarence Thomas and Neil M. Gorsuch joined Justice Alito’s dissent in the case, Thompson v. Clark, No. 20-659.