Supreme Court makes it easier to sue the police for malicious prosecution

[Minerva]

Link to article at National Public Radio

In the past to sue the State for malicious prosecution you must first be brought to trial and be found innocent. This ruling removes that hurdle and now a citizen may sue for malicious prosecution even when charges are dropped and don't go to trial.

IMHO this ruling is correct, as too often police and prosecutors use the ability to charge someone without adequate evidence for a variety of reasons. Two situations that come to mind are the police using the threat of this tactic to gain compliance or, as in the case of the Loveland Colorado Police, manipulating their numbers of DUI arrests in order to be perceived as aggressive in DUI reduction efforts or to win a contest for most DUI arrests.

Loveland Colorado DUI arrests come into question.

The person malicious charged must still hire an attorney and prepare to go to trial racking up expenses and while at the same time having their reputation maligned by the false charges. The case of the Loveland Police that is in the news involves a pilot that has had repercussions to his career for his DUI arrest. '

Prosecutors are going to have to do a bit more homework before filing charges that could be construed as malicious.

 

[Metric Mouse]

Best SCOTUS ever?

 

[Napoleon]

So all you have to do is ruin your life and spend all your money suing the State for peanuts?

 

[Minerva]

So all you have to do is ruin your life and spend all your money suing the State for peanuts?

I'm sure there will be many cases where your point is correct, but it would only take a few of the others to perhaps curtail the practice. The case that the SCOTUS just ruled on is a case of the latter.

 

[Napoleon]

I'm sure there will be many cases where your point is correct, but it would only take a few of the others to perhaps curtail the practice. The case that the SCOTUS just ruled on is a case of the latter.

SCOTUS is out of touch. The people this practice affects most don’t have the resources to file civil lawsuits. If they’re smart - they plead guilty to a lesser charge of reckless ops and do the court mandated classes so it’s expunged.

 

[Roadvirus]

From the OP article:

On Monday, the Supreme Court sided with Thompson in declaring that he did not have to show an "affirmative indication of innocence." The vote was 6-to-3, with three conservative justices — Chief Justice John Roberts and Justices Brett Kavanaugh and Amy Coney Barrett — joining the courts three liberals in the majority.

I guess those two aren't the spawns of Satan the Left made them out to be after all!

 

[highroller]

From the OP article:

On Monday, the Supreme Court sided with Thompson in declaring that he did not have to show an "affirmative indication of innocence." The vote was 6-to-3, with three conservative justices — Chief Justice John Roberts and Justices Brett Kavanaugh and Amy Coney Barrett — joining the courts three liberals in the majority.

I guess those two aren't the spawns of Satan the Left made them out to be after all!

You missed why people didn't like their nomination.

Brett - vomiting conspiracy theories in front of the Senate during his confirmation
Barrett - had nothing to do with her specifically. The GOP stabbing the American people in the back was more upsetting.