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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 ...
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.
In the case Imperial Colliery Co. v. Fout, [8] the West Virginia Supreme Court reaffirmed that retaliatory eviction was a valid defense against eviction, but added the condition that the retaliation must be against a tenant's exercise of a right incidental to their tenancy. Therefore, a defense of retaliatory eviction did not exist for a tenant ...
The general rule in criminal law is that there is no vicarious liability. This reflects the general principle that crime is composed of both an actus reus (the Latin tag for "guilty act") and a mens rea (the Latin tag for "guilty mind") and that a person should only be convicted if they are directly responsible for causing both elements to occur at the same time (see concurrence).
Workplace revenge, or workplace retaliation, refers to the general action of purposeful retaliation within the workplace.Retaliation often involves a power imbalance; the retaliator is usually someone with more power in the workplace than the victim, and retaliation may be done to silence the victim so the retaliator can avoid accountability for workplace bullying, workplace harassment, or ...
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.
It can be difficult for domestic courts to hold multinational corporations responsible for jurisdictional reasons or because the particular government lacks the legal infrastructure to impose liability. An example of a jurisdictional shortcoming in the United States is the difficulty of piercing the corporate veil.
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