Supreme Court precedent holds probable cause generally defeats a First Amendment claim for retaliatory arrest. But an exception exists when evidence shows "similarly situated" individuals would be treated differently by police.
июня 20, 2024 at 04:46 PM
The U.S. Supreme Court reproached the conservative U.S. Court of Appeals for the Fifth Circuit on Thursday, saying it flubbed its analysis of a retaliatory arrest claim brought by a former Texas city councilwoman who claims she spent the day in jail for criticizing the city manager.
The high court issued an unsigned, “per curiam,” ruling in Gonzalez v. Trevino, sending the case back to the Fifth Circuit after finding it had failed to properly analyze the evidence under the Supreme Court’s 2019 precedent in Nieves v. Bartlett.
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