Criminal Law
The Supreme Court Makes it Easier to Sue Police When Criminal Charges are Dropped
The Supreme Court on Monday made it easier to sue police and the government for malicious prosecution when charges are later dropped.
In a 6-3 ruling, the court said that in order to sue, a defendant doesn’t have to be found not guilty by a judge or jury and prosecutors don’t have to state that they wrongly filed charges. It’s enough, the court said, if the charges are simply dismissed.
“The question of whether a criminal defendant was wrongly charged does not logically depend on whether the prosecutor or court explained why the prosecution was dismissed,” Justice Brett Kavanaugh wrote for the court’s majority.
