On April 4, 2022 the United States Supreme Court made a decision that gives me confidence that I could prevail in a case of malicious prosecution.
Immediately following a decision, the Supreme Court puts out a slip opinion before final publication of the case. Here is the slip opinion in the U.S. Supreme Court case where I found this:
EMTs took the baby to the hospital where medical professionals examined her and found no signs of abuse. Meanwhile, Thompson was arrested and charged with obstructing governmental administration and resisting arrest. He was detained for two days before being released. The charges against Thompson were dismissed before trial without any explanation by the prosecutor or judge.
At the website for the The Council of State Governments regarding Thompson v Clark, I found more information about the case. Thompson was arrested in 2014 after being accused of sexually assaulting his newborn baby in New York; after examination of the baby it should have been obvious that he was not guilty.
He resisted arrest; as with my case, in Aroostook County which was dismissed, and the pending case in Lincoln County which I go to trial for on Feb 24-26, it wasn't the original charges that landed him in jail, but his actions in what should be a right to resist arrest in relation to the bogus charges.
It wasn't until 7 years later in 2021 that the Supreme Court of the United States (SCOTUS) got the case after the dismissal of his 42 U.S.C. 1983 claim was affirmed by the Second Circuit court.
Before trial the prosecutor moved to dismiss the charges and the trial judge agreed to do so without explaining why. Thompson then sued the officers who arrested him for malicious prosecution under the Fourth Amendment. Per Second Circuit precedent a malicious prosecution case can only be brought if the prosecution ends not merely without a conviction but with some affirmative indication of innocence.
After my arrest on July 10, 2024 without a warrant or probable cause, I was incarcerated for four nights after failing to pick a jury. Judge Linthicum had denied me an attorney, in violation of my 6th amendment right to counsel and my 7th amendment right to due process.
You can go to my July 11, 2025 post to view the dismissal of the case by District Attorney Todd Collins, and the reason.
