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
- "Favorable termination" satisfied when criminal proceeding ends without a conviction (Howard M. Wasserman, April 4, 2022)
- Criminal proceedings reach "favorable termination" when they end without 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 |
|---|---|
| 11/06/2020 | Petition for a writ of certiorari filed. (Response due December 14, 2020) |
| 11/18/2020 | Waiver of right of respondent Police Officer Pagiel Clark, et al. to respond filed. |
| 11/24/2020 | DISTRIBUTED for Conference of 12/11/2020. |
| 12/03/2020 | Response Requested. (Due January 4, 2021) |
| 12/24/2020 | Motion to extend the time to file a response from January 4, 2021 to February 3, 2021, submitted to The Clerk. |
| 12/28/2020 | Motion to extend the time to file a response is granted and the time is extended to and including February 3, 2021. |
| 01/04/2021 | Brief amici curiae of National, State, and Local Civil Rights, Racial Justice, and Criminal Defense Organizations filed. |
| 01/04/2021 | Brief amici curiae of Current and Former Prosecutors, Department of Justice Officials, and Judges filed. |
| 02/03/2021 | Brief of respondents Police Officer Pagiel Clark, et al. in opposition filed. |
| 02/08/2021 | Letter waiving the 14-day waiting period for the filing of a reply pursuant to Rule 15.5 filed. |
| 02/09/2021 | Reply of petitioner Larry Thompson filed. (Distributed) |
| 02/10/2021 | DISTRIBUTED for Conference of 2/26/2021. |
| 03/01/2021 | DISTRIBUTED for Conference of 3/5/2021. |
| 03/08/2021 | Petition GRANTED. |
| 03/11/2021 | 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. |
| 03/24/2021 | Joint motion for an extension of time to file the briefs on the merits filed. |
| 03/31/2021 | 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. |
| 05/04/2021 | Blanket Consent filed by Respondent, Police Officer Pagiel Clark, Shield #28472, et al. |
| 06/04/2021 | Joint appendix filed. (Statement of costs filed) |
| 06/04/2021 | Brief of petitioner Larry Thompson filed. |
| 06/11/2021 | Brief amicus curiae of Home School Legal Defense Association filed. |
| 06/11/2021 | Brief amicus curiae of United States filed. |
| 06/11/2021 | Brief amici curiae of National, State, and Local Civil Rights, Racial Justice, and Criminal Defense Organizations filed. |
| 06/11/2021 | Brief amici curiae of Current and Former Prosecutors, et al. filed. |
| 06/11/2021 | Brief amici curiae of National Police Accountability Project, et al. filed. |
| 06/11/2021 | Brief amicus curiae of Law Enforcement Action Partnership filed. |
| 06/11/2021 | Brief amicus curiae of NAACP Legal Defense and Educational Fund, Inc. filed. |
| 06/11/2021 | Brief amicus curiae of APA Watch filed. |
| 06/11/2021 | Brief amicus curiae of Boston University Center for Antiracist Research filed. |
| 06/11/2021 | Brief amicus curiae of Constitutional Accountability Center filed. |
| 06/11/2021 | Brief amicus curiae of Institute for Justice filed. |
| 06/11/2021 | Brief amici curiae of American Civil Liberties Union, et al. filed. |
| 06/11/2021 | Brief amici curiae of Federal Courts Scholars filed. |
| 08/16/2021 | ARGUMENT SET FOR Monday, November 1, 2021. |
| 08/16/2021 | Brief of respondents Police Officer Pagiel Clark, Shield #28472, et al. filed. |
| 08/20/2021 | Motion of the Acting Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed. |
| 08/23/2021 | Brief amicus curiae of The District Attorneys Association of the State of New York filed. |
| 08/23/2021 | Brief amici curiae of City of Chicago, et al. filed. |
| 09/01/2021 | Record requested from the U.S.C.A. 2nd Circuit. |
| 09/01/2021 | The record from the U.S.C.A. 2nd Circuit has been electronically filed. |
| 09/08/2021 | ARGUMENT RESCHEDULED FOR Tuesday, October 12, 2021. |
| 09/15/2021 | The record from the U.S.D.C. Eastern District of New York (Brooklyn) has been electronically filed. |
| 09/15/2021 | Reply of petitioner Larry Thompson filed. (Distributed) |
| 09/20/2021 | Sealed record material from the U.S.D.C. Eastern District of New York has been electronically filed. |
| 09/30/2021 | 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. |
| 10/12/2021 | 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. |
| 04/04/2022 | 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. |
| 05/06/2022 | JUDGMENT ISSUED. |