People who are victimized by malicious prosecutions in America’s court systems have been given a new weapon – confirmation that they no longer have to “prove” their innocence by using the court system’s own documentation.
The Supreme Court in a 6-3 ruling in Thompson v. Clark has found that individuals have a Fourth Amendment right to hold police accountable for maliciously arresting and charging them without probable cause.
“At a time when the courts routinely shield police from accountability for misconduct, this ruling is at least an encouraging glimmer in the gloom,” said constitutional attorney John W. Whitehead, president of The Rutherford Institute, which joined a friend-of-the-court brief in the case.
“For too long, Americans have been treated as if they have no rights at all when it comes to encounters with police. This is an overdue reminder that freedom is not secondary to security, and the rights of the citizenry are no less important than the authority of the government,” he said.
Hellbound and Down 