Vol. 34 No. 21 SUPREME COURT HOLDS THAT PROBABLE CAUSE TO ARREST DEFEATS FIRST AMENDMENT RETALIATION CLAIM
On May 28, 2019, the Supreme Court of the United States, in Nieves v. Bartlett, 2019 U.S. LEXIS 3557 (May 28, 2019) held that a plaintiff’s retaliatory arrest claim must pass a threshold showing of the absence of probable cause. The Court held the presence of probable cause will defeat most claims, except where a […]