Insights
Supreme Court Makes It Easier for Individuals to File Lawsuits for Malicious Prosecution
In a major win for individuals who have had false charges filed against them, on April 4, 2022, the Supreme Court decided Thompson v. Clark. In a 6-3 decision with an opinion by Justice Brett Kavanaugh, the Supreme Court in Thompson decided that, in a civil rights malicious prosecution lawsuit, a criminal proceeding terminated in favor of a plaintiff when the prosecution “ended without a conviction.”
New York City Ends Qualified Immunity for Police Officers
On March 25, 2021, the New York City Council passed a law that makes it easier to sue police officers for conducting illegal searches, making false arrests, and using excessive force. The law “establish[es] a local right of security against unreasonable search and seizure and against excessive force regardless of whether such force is used in connection with a search or seizure.” More importantly, it does not allow for qualified immunity as a defense in any civil lawsuit brought under the law.
What is Qualified Immunity?
Qualified immunity is a tough legal roadblock for a plaintiff in a lawsuit against police officers, and is a leading reason why such suits are dismissed.