Retaliatory arrest and prosecution
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A retaliatory arrest or retaliatory prosecution is an
United States
In
In the 2018 case of Lozman v. City of Riviera Beach, Riviera Beach, Florida argued that the logic of Hartman extended to retaliatory arrest. The Supreme Court issued a narrow ruling that plaintiff Fane Lozman was able to bring the claim despite there having been probable cause for his arrest.[3][4] A year later, they answered the broader question, holding in Nieves v. Bartlett that probable cause defeats a claim of retaliatory arrest unless the plaintiff can show that others have typically not been arrested for similar conduct.[5][6]
See also
- Contempt of cop
- Arbitrary arrest and detention
- 42 U.S.C. § 1983, governing claims against state actors for denial of constitutional rights
- Bivens v. Six Unknown Named Agents, governing claims against federal actors
References
- ^ Wasserman, Howard M. (19 November 2018). "Argument preview: Probable cause, retaliatory arrests, and the First Amendment". Retrieved 2 February 2022.
- ^ Hartman v. Moore, 547 U.S. 250 (2006).
- ^ Lozman v. City of Riviera Beach, 585 U.S. ___ (2018).
- Wyo. L. Rev.419, 445–447 (2019).
- ^ Nieves v. Bartlett, 587 U.S. ___ (2019).
- ^ Frazelle, Brian (31 May 2019). "The Supreme Court Just Made It Easier for Police to Arrest You for Filming Them". Slate. Retrieved 31 May 2019.
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