Following a decision of the U.S. Supreme Court earlier this year easing the burden for people to sue for a wrongful prosecution, the federal appeals court based in Colorado has reinstated a man’s lawsuit against several Denver police officers.

Wyatt T. Handy Jr. claimed he was arrested on Dec. 13, 2018 on suspicion of domestic violence after the alleged victim reported Handy had punched her and destroyed her personal property. But after prosecutors dismissed the charges against him, Handy sued the officers involved for malicious prosecution, claiming they failed to verify the accuracy of the allegations when applying for a warrant. 

In February 2021, U.S. Magistrate Judge Gordon P. Gallagher recommended dismissing Handy’s lawsuit. Gallagher quoted the requirements for a malicious prosecution claim as recognized by the U.S. Court of Appeals for the 10th Circuit. Handy needed to establish the officers caused his prosecution, there was no probable cause to support his arrest and, notably, the criminal proceedings “were dismissed for reasons indicative of innocence.”

“Plaintiff does not assert that he was acquitted based on his innocence in the domestic violence case. He states only that the ‘charges were dismissed against him’,” Gallagher wrote.

Handy then asked for a reconsideration of the dismissal. The Supreme Court, he pointed out, had recently agreed to hear the case of Thompson v. Clark, which would answer the question of whether a lawsuit for malicious prosecution simply requires the lack of a conviction, or if there must be evidence of innocence as well. U.S. District Court Senior Judge Lewis T. Babcock refused to reopen the case, again insisting Handy had not alleged any finding of his innocence.

While Handy’s appeal was pending, the Supreme Court ruled 6-3 in April that plaintiffs suing for malicious prosecution only need to show that criminal proceedings ended in their favor, regardless of whether there was any indication of their innocence.

Consequently, a three-judge panel of the 10th Circuit on Wednesday reinstated Handy’s lawsuit, acknowledging the Thompson ruling contradicted the appellate court’s prior requirement for innocence.

“(T)hat interpretation is no longer correct,” wrote Judge Timothy M. Tymkovich in an Oct. 5. order.

The case is Handy v. Dobbin et al.