Just recently, Thompson v. Clark, ___U.S. __, 142 S. Ct. 1332, 212 L. Ed. 2d 382 (April 4, 2022) (Kavanaugh, J.), tackled the thorny question of whether a Fourth Amendment claim under 42 U.S.C Section 1983 could succeed where criminal charges were dismissed before trial without any explanation by the prosecutor or judge. The various circuit courts of appeals have reached different conclusions in answering that question. Compare Kossler v. Crisanti, 564 F. 3d 181, 187 (3d Cir. 2009) (en banc); Cordova v. Albuquerque, 816 F. 3d 645, 649 (10th Cir. 2016), with Laskar v. Hurd, 972 F. 3d 1278, 1286 (11th Cir. 2020) and Lanning v. City of Glens Falls, 908 F.3d 19, 22 (2d Cir. 2018).

U.S. Supreme Court Justice Brett Kavanaugh delivered the opinion of the court. Justice Samuel Alito filed a dissenting opinion, joined by Justices Clarence Thomas and Neil Gorsuch.

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