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A retaliatory arrest or retaliatory prosecution occurs when law enforcement or prosecutorial actions are initiated in response to an individual’s exercise of their civil rights, such as freedom of speech or assembly. These actions are considered forms of misconduct, as they aim to punish individuals for engaging in constitutionally protected ...
Prosecutors have asked judges to stop using the term to refer to an unintentional error, and to restrict its use to describe a breach of professional ethics. E. Norman Veasey , the chief justice of Delaware Supreme Court , answered one such request in 2003 by noting the term's extensive use in rulings over the past 60 years.
Iqbal, 556 U.S. 662 (2009), that senior government officials could not be held liable for the unconstitutional conduct of their subordinates under a theory of respondeat superior. [14] This is an example of the US Supreme Court making an exception to break from the general precedent of respondeat superior.
An FD-302 form is used by FBI agents to "report or summarize the interviews that they conduct" [3] [4] and contains information from the notes taken during the interview by the non-primary agent. [further explanation needed] It consists of information taken from the subject, rather than details about the subject themselves.
Lozman v. City of Riviera Beach, 585 U.S. ___ (2018), is a case in which the United States Supreme Court decided that the mere existence of probable cause for an arrest did not bar the plaintiff's First Amendment retaliatory arrest claim, but deferred consideration of the broader question of when it might.
(1) Engages in fighting or other violent conduct or in conduct creating the threat of imminent fighting or violence; or (2) makes or uses any utterance, gesture, display or abusive language which is intended and plainly likely to provoke violent retaliation and thereby causes a breach of the peace.
On other occasions, causation is the only requirement for legal liability (other than the fact that the outcome is proscribed). For example, in the law of product liability, the courts have come to apply to principle of strict liability: the fact that the defendant's product caused the plaintiff harm is the only thing that matters. The ...
The False Claims Act of 1863 (FCA) [1] is an American federal law that imposes liability on persons and companies (typically federal contractors) who defraud governmental programs. It is the federal government's primary litigation tool in combating fraud against the government. [ 2 ]
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