The U.S. Supreme Court determined that individuals who claim they were unlawfully arrested can now file lawsuits against police.
In Thompson v. Clark, the Supreme Court ruled 6-3 on April 4 that individuals wrongfully accused of crimes can sue police officers for civil rights violations if their cases were dismissed. The court stated in its ruling that these individuals can sue regardless of whether justification was provided for their case’s dismissal.
Conservative Justices Samuel Alito, Clarence Thomas, and Neil Gorsuch voted against the majority.
Alito wrote in a dissent that his colleagues’ decision “has no basis in the Constitution and is almost certain to lead to confusion.”
The case’s journey to the Supreme Court began when U.S. Navy veteran Larry Thompson was denied the right to sue the New York City Police Department for wrongful arrest.
In January 2014, Thompson’s now sister-in-law called 911 to report that he was abusing his daughter. The NYPD officers responding to the call were denied entry to the home by Thompson, who requested the officers provide a search warrant for access. Eventually, the responding officers scuffled with Thompson and arrested him.
An assessment was conducted on the child at the hospital that showed no signs of abuse, only a diaper rash. Thompson spent two days in jail after being charged with obstructing governmental administration and resisting arrest. Without an explanation, Thompson’s charges were dropped just before trial.
Thompson sued for violations of his constitutional rights. Still, two lower courts rejected the case. A Federal District Judge and the U.S. Court of Appeals for the 2nd Circuit refused Thompson’s claim. Their verdicts stated he could not sue because his case had not been dismissed due to an indication of his innocence, as his case was dropped without reason.
However, the U.S. Supreme Court ruled that wrongfully arrested people can sue even if their cases were dismissed; they only have to prove that their prosecution ended without a conviction.
“[An] individual’s ability to seek redress for a wrongful prosecution cannot reasonably turn on the fortuity of whether the prosecutor or court happened to explain why the charges were dismissed,” Justice Brett M. Kavanaugh wrote for the majority.
Amir Ali, executive director of the MacArthur Justice Center at Northwestern University, represented Thompson in the case.
“Until today, police officers who framed an innocent person — for instance, falsifying or planting evidence — could get a free pass,” he said. “After the bogus charges were dismissed, the innocent person whose life had been upended had no recourse in court. Not anymore.”
Kavanaugh noted that police officers will still be protected from unwarranted civil suits by qualified immunity and the requirement that plaintiffs prove the absence of probable cause for their arrest.
Defendants must prove their innocence to sue for unlawful arrest in most states and local areas.