Justice Clarence Thomas is still haunted by a two-year-old Supreme Court ruling that made it easier to sue for malicious prosecution.Thomas again brought up his disagreement with the Court's 2022 decision in Thompson v. Clark while objecting to the majority opinion in another Fourth Amendment case before the Court this term.
'Alito argued that the plaintiff should have pursued alternative constitutional claims and that the Court had improperly combined legal precedents in order to reach its conclusion.'Instead of creating a new hybrid claim, we should simply hold that a malicious-prosecution claim may not be brought under the Fourth Amendment,' Alito wrote in 2022.
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