Fourth Circuit: Baltimore Man May Sue Police For Wrongful Conviction

The sole basis for a Baltimore man's murder conviction is the testimony of a 12-year-old—who later recants, saying that police threatened to take him away from his mother forever and refused to let him leave until he identified the man as the shooter. State court (1999): Nah, the recantation isn't believable. State court (2018): He's consistently recanted since becoming an adult. New trial. Without witnesses or evidence, the state frees the man after 31 years behind bars and gives him $3 mil. District court: But he can't sue the police for any misconduct thanks to that first state court decision. Fourth Circuit: Yes, he can, thanks to the second state court decision and because it would be unfair to prevent him from litigating these civil claims. Plus, here's the rare case where an intentional infliction of emotional distress claim can go forward.