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Supreme Court Takes Up Case on Ability to Sue Police

March 8, 2021, 2:35 PM

The U.S. Supreme Court agreed to hear an appeal challenging a legal regime that serves to block civil rights suits against law enforcement seeking to vindicate Fourth Amendments rights.

A Brooklyn man wants the justices to say plaintiffs whose criminal cases are dropped shouldn’t have to first prove their innocence before bringing so-called malicious prosecution suits. His appeal is backed by a coalition of 57 prosecutors, ex-Justice Department officials, and former judges.

Under the Supreme Court’s 1994 decision in Heck v. Humphrey, plaintiffs can’t bring such claims unless criminal proceedings terminated in their favor.

The majority of courts, including...

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