Almost nobody thought the court would transform this case into a shield against bogus criminal charges.
that Thompson could not claim malicious prosecution. Why? Because his case ended with dropped charges rather than some “affirmative indications of innocence,” like an acquittal or a statement from the judge.In his opinion for the court on Monday, Kavanaugh rejected this reasoning. For support, he turned to the judicial consensus in 1871, when Congress passed the civil rights law that lets individuals sue local law enforcement.
Kavanaugh’s decision is both excellent and confusing. Excellent because it allows victims of police misconduct to sue in federal court even if prosecutors scuttle all charges; confusing because it begs the question at the heart of the case. Rather than explain why the Fourth Amendment bars malicious prosecutions, Kavanaugh simply asserted: “This court’s precedents recognize such a claim.” He then cited two precedents that did no such thing.
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