Justices Consider ‘Upside Down’ Standard for Suing Police (1)

Oct. 12, 2021, 5:13 PM UTCUpdated: Oct. 12, 2021, 9:06 PM UTC

Supreme Court justices on Tuesday scrutinized what Justice Brett Kavanaugh called an “upside down” rule for suing police, requiring plaintiffs to show that their criminal cases ended in ways that indicate their innocence.

Even if a high-court majority thinks that rule is wrong, it’s unclear what the court will decide, exactly, because the justices spent much of the argument exploring whether and how the underlying seizure claim in the case exists and, in turn, how the court should approach the dispute.

The appeal stems from the case of Larry Thompson. He was arrested at home in Brooklyn in 2014, by ...

Learn more about Bloomberg Law or Log In to keep reading:

Learn About Bloomberg Law

AI-powered legal analytics, workflow tools and premium legal & business news.

Already a subscriber?

Log in to keep reading or access research tools.