The U.S. Supreme Court made it easier for plaintiffs to bring certain civil-rights claims after their criminal cases end, rejecting the predominant standard throughout the country that was more burdensome.
To bring so-called malicious-prosecution suits in federal court, plaintiffs only need to show their criminal cases ended without convictions, Justice Brett Kavanaugh wrote for the 6-3 majority on Monday.
The prevailing standard in the lower courts had required plaintiffs to show affirmative indications of innocence, a rule that Kavanaugh called “upside-down” at the October oral argument.
Requiring innocence proof “would seem to have the perverse consequence of ensuring that some ...
Learn more about Bloomberg Law or Log In to keep reading:
See Breaking News in Context
Bloomberg Law provides trusted coverage of current events enhanced with legal analysis.
Already a subscriber?
Log in to keep reading or access research tools and resources.