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U.S. Supreme Court,
Civil Rights

Apr. 7, 2022

Thompson v. Clark: Criminal prosecution gains clarity

Thompson resolves a circuit split on whether a section 1983 plaintiff alleging malicious prosecution must show that his criminal prosecution ended not merely without a conviction, but also with some affirmative indication of his innocence.

Robert L. Bastian Jr.

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Bastian & Dini

Penthouse Suite 9025 Wilshire Blvd
Beverly Hills , CA 90211

Phone: (310) 789-1955

Fax: (310) 822-1989

Email: robbastian@aol.com

Whittier Law School

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“A conservative,” quipped Irving Kristol, neoconservatism’s godfather, “is a liberal who has been mugged by reality.”

“A liberal,” Thomas Wolfe retorted, “is a conservative who has been arrested.”

It is impossible to rule out a shade of that competing psycho-dynamic in Justice Brent

Kavanaugh’s majority opinion in the recently decided Thompson v. Clark. No. 20–659. Argued October 12,...

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