来源：《美联社新闻》
原文刊登日期：2022年4月4日
本文意为“起诉”、“控告”的词很多，不要被搞蒙。
刑事起诉：accuse，charge，prosecute，prosecution
民事起诉：sue，bring
In a victory for people falsely accused by police of crimes, the Supreme Court removed a barrier Monday to lawsuits against law enforcement for malicious prosecution.
周一，最高法院取消了针对执法部门恶意起诉的诉讼障碍，这对被警方诬告的人来说是一场胜利。
The 6-3 ruling means that some malicious prosecution lawsuits that had previously been thrown out at an early stage will instead be allowed to move forward. The ruling was joined by both liberal and conservative justices.
6票赞成、3票反对的结果，意味着在初期就被驳回的恶意起诉诉讼将得以继续进行。赞成票里既有自由派大法官，也有保守派大法官。
Justice Brett Kavanaugh wrote for the majority of the court that a person seeking to sue for malicious prosecution under a federal civil rights law has to prove that the case brought against him “ended without a conviction.” The justices rejected a higher bar that federal appeals courts in much of the country had adopted that said the person had to show their case ended because they were innocent.
大法官布雷特·卡瓦诺代表最高法院多数派写道，根据联邦民权法寻求起诉恶意刑事起诉的人必须证明，针对他的案件“没有被定罪”。大法官们否决了美国很多地方的联邦上诉法院采用的更高的标准，即当事人必须证明他们的案件已经因无罪而结束。
Justice Samuel Alito wrote in a dissent that his colleagues’ decision “has no basis in the Constitution and is almost certain to lead to confusion.” He was joined by two other conservative justices, Justice Clarence Thomas and Justice Neil Gorsuch.
大法官塞缪尔·阿利托在一份异议中写道，他的同事们的决定“在宪法中没有依据，几乎肯定会导致混乱。”与他同样持异议的还有另外两位保守派大法官，克拉伦斯·托马斯和尼尔·戈萨奇。
The case before the justices involved the 2014 arrest of Larry Thompson who sued for malicious prosecution after charges against him resulting from a scuffle with police were dropped.
大法官审理的案件涉及2014年拉里·汤普森被逮捕一事。汤普森因与警察扭打而被指控，但之后指控被撤销，再然后汤普森控告警方恶意起诉。
Lower courts ruled against Thompson saying it wasn’t enough that the case against him ended without a conviction. They said he had to show it ended with “affirmative indications of innocence” such as a dismissal by a judge along with a statement that the evidence was insufficient. The Supreme Court disagreed.
下级法院做出了不利于汤普森的判决，称对他的指控没有定罪，够不上指控恶意起诉的标准。下级法院说，他必须以“肯定的无罪暗示”来证明案件的结束，比如被法官以证据不足的声明驳回案件。最高法院对此不同意。
Thompson’s lawyer Amir Ali said in an interview he was “very pleased with the court’s decision” and that it was “welcome and needed.” Ali said that prior to the court’s decision there was a “completely unjust and really senseless barrier to bringing these lawsuits” and that the court had “removed that unjust barrier.” Ali said his client will now “have his day in court” and get the opportunity to prove his malicious prosecution claim.
汤普森的律师阿米尔·阿里在采访中表示，他“对最高法院的判决非常满意”，并称这是“受欢迎和需要的”。阿里说，在最高法院作出裁决之前，“状告恶意起诉存在完全不公正和毫无意义的障碍”，而最高法院已经“消除了这个不公正的障碍”。阿里表示，他的当事人现在将会“出庭”，并有机会证明他的恶意起诉主张。
The case against Thompson began when authorities were called to his apartment. Thompson’s sister-in-law, whom Thompson’s lawyers said has “cognitive delays,” called 911 to report Thompson was sexually abusing his infant daughter. Initially two ambulance technicians arrived and Thompson, not knowing his sister-in-law had called, told them they had the wrong apartment.
针对汤普森的案件始于警方被叫到他的公寓。汤普森的律师说，汤普森的小（大）姨子有“认知迟滞”，她拨打了911报警，说汤普森性侵了他年幼的女儿。起初，有两名救护人员赶到，汤普森不知道他的小（大）姨子打了电话，告诉他们找错了门。
After the ambulance technicians left, police officers arrived and Thompson refused to let them in without a warrant. After a scuffle, Thompson was arrested and charged with resisting arrest and obstructing governmental administration. He was held two days, but the charges against him were dropped.
救护人员离开后，警察赶到，汤普森拒绝让他们在没有搜查令的情况下进入公寓。在一场混战之后，汤普森被捕，并被控拒捕和妨碍政府管理。他被关押了两天，随后对他的指控被撤销。
The baby was examined at the hospital and no evidence of abuse was found, only rash. Thompson’s lawsuit followed.
汤普森的女儿在医院接受了检查，没有发现性侵的证据，只有皮疹。汤普森控告警方恶意起诉的诉讼随之而来。