Search results
Results from the WOW.Com Content Network
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]
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 on an 8-1 vote gives Sylvia Gonzalez another chance to bring a retaliation claim, with the court sending the case back to a lower court for further proceedings. ... saying the arrest ...
WASHINGTON — The U.S. Supreme Court on Thursday revived the civil rights claim of a Texas woman who had sued her city for what she claims was a politically motivated arrest.
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.
Pages in category "Retaliatory arrest and prosecution" The following 6 pages are in this category, out of 6 total. This list may not reflect recent changes. ...