A recent ruling by the en banc Fifth Circuit has upheld the controversial application of the 'favorable termination' requirement to non-custodial plaintiffs, deepening a persistent circuit split. The case in question, Wilson v. Midland, involved a Texas woman seeking damages over a 23-year-old drug conviction marred by prosecutorial misconduct. The court's decision, which was divided (9-3-6), necessitates that plaintiffs must show 'favorable termination' of their convictions to proceed with their claims. Judge Don Willett, who penned a dissent joined by five colleagues, argued that this requirement should only apply to prisoners bringing claims analogous to malicious prosecution. The ruling has sparked significant debate, with critics labeling the rule as 'bonkers'. Jacqueline Thomsen of Bloomberg Law reported on this case (subscription required).