Favorable Termination

What It Is

The favorable termination rule means that for certain § 1983 claims, you cannot sue until the related criminal case ends in your favor. This rule comes from the Supreme Court’s decision in Heck v. Humphrey, 512 U.S. 477 (1994), sometimes called the Heck doctrine.

The logic: if winning your § 1983 case would necessarily imply that your criminal conviction was invalid, you must first get that conviction overturned before suing.

How It Works

Ask yourself: Would success in my § 1983 case contradict my criminal conviction or sentence?

• If yes — you must first get the conviction reversed, expunged, or otherwise invalidated before your § 1983 claim can proceed.
• If no — you can proceed with the § 1983 case regardless of the criminal case outcome.

For example, if you were convicted of resisting arrest and then sued the officer for excessive force during that arrest, some courts will ask whether finding excessive force would necessarily undermine the resisting conviction. If so, Heck bars the claim until the conviction is overturned.

Fourth Amendment Claims After Thompson

The Supreme Court clarified in Thompson v. Clark, 596 U.S. 36 (2022) that a Fourth Amendment malicious prosecution claim requires favorable termination, but the termination need not affirmatively indicate innocence. A dismissal of charges is sufficient — you don’t need an acquittal.

What Counts as Favorable Termination?

• Acquittal at trial ✅
• Dismissal of all charges ✅
• Nolle prosequi (prosecutor drops the case) ✅ (in most circuits)
• Conviction reversed on appeal ✅
• Guilty plea to the charge ❌ (not favorable)
• Charges still pending ❌ (not yet terminated)

Claims Affected

• Malicious prosecution — always requires favorable termination
• False arrest — generally does NOT require favorable termination (the arrest itself is the injury)
• Excessive force — usually does NOT require favorable termination unless the force claim directly contradicts a conviction

Practical Tips

• Check your criminal case status. If charges are still pending or you were convicted, some § 1983 claims may be premature.
• Don’t wait too long. Once you get a favorable termination, the statute of limitations may start running — see accrual.
• Not all claims are Heck-barred. Many excessive force and illegal search claims can proceed even with a conviction.

Key Takeaway

If your § 1983 claim would undermine a criminal conviction, you must get that conviction overturned first. Otherwise, the claim is barred under Heck.