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Thompson v. Clark
| Docket No. | Op. Below | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|---|
| 20-659 | 2nd Cir. | Oct 12, 2021 | Apr 4, 2022 | 6-3 | Kavanaugh | OT 2021 |
Holding: Larry Thompson’s showing that his criminal prosecution ended without a conviction satisfies the requirement to demonstrate a favorable termination of a criminal prosecution in a Fourth Amendment claim under Section 1983 for malicious prosecution; an affirmative indication of innocence is not needed.
Judgment: Reversed and remanded, 6-3, in an opinion by Justice Kavanaugh on April 4, 2022. Justice Alito filed a dissenting opinion, in which Justices Thomas and Gorsuch joined.
SCOTUSblog Coverage
- Criminal proceedings reach “favorable termination” when they end without conviction (Howard M. Wasserman, April 4, 2022)
- “Favorable termination” satisfied when criminal proceeding ends without a conviction (Howard M. Wasserman, April 4, 2022)
- Centaurs, Jean Valjean, and a proposed three-sentence ruling on the meaning of favorable termination (Howard M. Wasserman, October 13, 2021)
- Favorable termination and indications of innocence in Section 1983 malicious prosecution claims (Howard M. Wasserman, October 10, 2021)
- New York Second Amendment case headlines November argument calendar (Amy Howe, August 16, 2021)
- Justices to take up “favorable termination” rule (Amy Howe, March 8, 2021)
- A pair of petitions on the “favorable termination rule” (John Elwood, March 5, 2021)
- Petitions of the week: Federal funding for sanctuary cities and another dispute about the border wall (Andrew Hamm, December 24, 2020)
| Date | Proceedings and Orders |
|---|---|
| Nov 06 2020 | Petition for a writ of certiorari filed. (Response due December 14, 2020) |
| Nov 18 2020 | Waiver of right of respondent Police Officer Pagiel Clark, et al. to respond filed. |
| Nov 24 2020 | DISTRIBUTED for Conference of 12/11/2020. |
| Dec 03 2020 | Response Requested. (Due January 4, 2021) |
| Dec 24 2020 | Motion to extend the time to file a response from January 4, 2021 to February 3, 2021, submitted to The Clerk. |
| Dec 28 2020 | Motion to extend the time to file a response is granted and the time is extended to and including February 3, 2021. |
| Jan 04 2021 | Brief amici curiae of National, State, and Local Civil Rights, Racial Justice, and Criminal Defense Organizations filed. |
| Jan 04 2021 | Brief amici curiae of Current and Former Prosecutors, Department of Justice Officials, and Judges filed. |
| Feb 03 2021 | Brief of respondents Police Officer Pagiel Clark, et al. in opposition filed. |
| Feb 08 2021 | Letter waiving the 14-day waiting period for the filing of a reply pursuant to Rule 15.5 filed. |
| Feb 09 2021 | Reply of petitioner Larry Thompson filed. (Distributed) |
| Feb 10 2021 | DISTRIBUTED for Conference of 2/26/2021. |
| Mar 01 2021 | DISTRIBUTED for Conference of 3/5/2021. |
| Mar 08 2021 | Petition GRANTED. |
| Mar 11 2021 | The order granting the petition for a writ of certiorari is amended as follows: The petition for a writ of certiorari is granted limited to Question 1 presented by the petition. |
| Mar 24 2021 | Joint motion for an extension of time to file the briefs on the merits filed. |
| Mar 31 2021 | Joint motion to extend the time to file the briefs on the merits granted. The time to file the joint appendix and petitioner's brief on the merits is extended to and including June 4, 2021. The time to file respondents' brief on the merits is extended to and including August 16, 2021. |
| May 04 2021 | Blanket Consent filed by Respondent, Police Officer Pagiel Clark, Shield #28472, et al. |
| Jun 04 2021 | Joint appendix filed. (Statement of costs filed) |
| Jun 04 2021 | Brief of petitioner Larry Thompson filed. |
| Jun 11 2021 | Brief amicus curiae of Home School Legal Defense Association filed. |
| Jun 11 2021 | Brief amicus curiae of United States filed. |
| Jun 11 2021 | Brief amici curiae of National, State, and Local Civil Rights, Racial Justice, and Criminal Defense Organizations filed. |
| Jun 11 2021 | Brief amici curiae of Current and Former Prosecutors, et al. filed. |
| Jun 11 2021 | Brief amici curiae of National Police Accountability Project, et al. filed. |
| Jun 11 2021 | Brief amicus curiae of Law Enforcement Action Partnership filed. |
| Jun 11 2021 | Brief amicus curiae of NAACP Legal Defense and Educational Fund, Inc. filed. |
| Jun 11 2021 | Brief amicus curiae of APA Watch filed. |
| Jun 11 2021 | Brief amicus curiae of Boston University Center for Antiracist Research filed. |
| Jun 11 2021 | Brief amicus curiae of Constitutional Accountability Center filed. |
| Jun 11 2021 | Brief amicus curiae of Institute for Justice filed. |
| Jun 11 2021 | Brief amici curiae of American Civil Liberties Union, et al. filed. |
| Jun 11 2021 | Brief amici curiae of Federal Courts Scholars filed. |
| Aug 16 2021 | ARGUMENT SET FOR Monday, November 1, 2021. |
| Aug 16 2021 | Brief of respondents Police Officer Pagiel Clark, Shield #28472, et al. filed. |
| Aug 20 2021 | Motion of the Acting Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed. |
| Aug 23 2021 | Brief amicus curiae of The District Attorneys Association of the State of New York filed. |
| Aug 23 2021 | Brief amici curiae of City of Chicago, et al. filed. |
| Sep 01 2021 | Record requested from the U.S.C.A. 2nd Circuit. |
| Sep 01 2021 | The record from the U.S.C.A. 2nd Circuit has been electronically filed. |
| Sep 08 2021 | ARGUMENT RESCHEDULED FOR Tuesday, October 12, 2021. |
| Sep 15 2021 | The record from the U.S.D.C. Eastern District of New York (Brooklyn) has been electronically filed. |
| Sep 15 2021 | Reply of petitioner Larry Thompson filed. (Distributed) |
| Sep 20 2021 | Sealed record material from the U.S.D.C. Eastern District of New York has been electronically filed. |
| Sep 30 2021 | Motion of the Acting Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED, and the time is allotted as follows: 20 minutes for petitioner, 15 minutes for the Acting Solicitor General, and 30 minutes for respondents. |
| Oct 12 2021 | Argued. For petitioner: Amir H. Ali, Washington, D. C.; and Jonathan Y. Ellis, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.) For respondents: John D. Moore, New York, N. Y. |
| Apr 04 2022 | Judgment REVERSED and case REMANDED. Kavanaugh, J., delivered the opinion of the Court, in which Roberts, C. J., and Breyer, Sotomayor, Kagan, and Barrett, JJ., joined. Alito, J., filed a dissenting opinion, in which Thomas and Gorsuch, JJ., joined. |
| May 06 2022 | JUDGMENT ISSUED. |
