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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 ...
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 ...
Software vendor liability is the issue of product liability for software bugs that cause harm, such as security bugs [1] or bugs causing medical errors. [2] For the most part, this liability does not exist in the United States.
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.
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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.
The Court opined that the placement of the mixed-motive test in the status-based discrimination section and not the retaliation section indicated Congress' intent to exclude retaliation claims from that standard. The Court then turned to the text of the retaliation provision and found it similar to the ADEA provision addressed in Gross v.
Retributive justice is a legal concept whereby the criminal offender receives punishment proportional or similar to the crime.As opposed to revenge, retribution—and thus retributive justice—is not personal, is directed only at wrongdoing, has inherent limits, involves no pleasure at the suffering of others (i.e., schadenfreude, sadism), and employs procedural standards.