New York State Association of Criminal Defense Lawyers

Thompson v. Clark et. al. - Petition Brief

Submitted by Jane Clayton on Fri, 10/14/2022 - 09:54

Thompson v. Clark asks whether an individual seized during criminal proceedings in violation of the Fourth Amendment must prove that the criminal proceedings ended in a manner indicative of their innocence before bringing a section 1983 action to redress the violation of their constitutional rights. This brief argues that criminal proceedings terminating in a manner indicating innocence is not a requirement for individuals seeking a 1983 claim.