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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 ...
Nieves v. Bartlett, 587 U.S. 391 (2019), was a civil rights case in which the Supreme Court of the United States decided that probable cause should generally defeat a retaliatory arrest claim brought under the First Amendment, unless officers under the circumstances would typically exercise their discretion not to make an arrest.
Gonzalez v. Trevino, 602 U.S. 653 (2024), is a United States Supreme Court case in which the court held that plaintiffs alleging retaliatory arrest need only provide evidence that their arrest occurred in circumstances where probable cause exists to arrest, but officers typically exercise discretion and decline to arrest. [1]
From a blockbuster Second Amendment decision to a more technical case about retaliatory arrests, sharp disagreements have emerged on the Supreme Court over the reasoning of recent rulings ...
The justices ruled that "objective evidence" of retaliation does not require "very specific comparator evidence." SCOTUS Makes It Easier for Victims of Retaliatory Arrests To Vindicate Their First ...
The ruling said that in most cases when police have probable cause to make arrests, plaintiffs cannot bring retaliation claims. But, the court added, in limited situations cases can move forward ...
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.
The judge likewise denied the officers immunity on the retaliation claim. While the actual arrest was legally justified based on the finding of marijuana debris in Fugenschuh's car, the jury will ...