Phillip W. Hurd, et al. v. Joy Laskar
SocialSecurity FourthAmendment
Whether a plaintiff alleging malicious prosecution under 42 U.S.C. § 1983 must show that the broader prosecution against him was terminated in a manner that affirmatively indicates his innocence, or merely that the termination was not inconsistent with innocence
QUESTION PRESENTED A plaintiff alleging malicious prosecution under 42 U.S.C. § 1983 must show that the broader prosecution against him was terminated in his favor. Heck v. Humphrey, 512 U.S. 477, 483, 484, 487 (1994). The question presented is whether a plaintiff satisfies the requirement by showing that his prosecution has “ended in a manner that affirmatively indicates his innocence,” as seven circuits require, or merely that the termination was “not inconsistent with innocence,” as the Eleventh Circuit held below.