U.S. Supreme Court courtroom. Credit: Carol M. Highsmith/Library of Congress Justices Say 5th Circuit Erred in Retaliatory Arrest Case, Read Precedent Too Narrowly
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.
June 20, 2024 at 04:46 PM
4 minute read
United States Supreme Court
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.
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Michael G. Bongiorno, Andrew Scott Dulberg and Elizabeth E. Driscoll from Wilmer Cutler Pickering Hale and Dorr have stepped in to represent Symbotic Inc., an A.I.-enabled technology platform that focuses on increasing supply chain efficiency, and other defendants in a pending shareholder derivative lawsuit. The case, filed Oct. 2 in Massachusetts District Court by the Brown Law Firm on behalf of Stephen Austen, accuses certain officers and directors of misleading investors in regard to Symbotic's potential for margin growth by failing to disclose that the company was not equipped to timely deploy its systems or manage expenses through project delays. The case, assigned to U.S. District Judge Nathaniel M. Gorton, is 1:24-cv-12522, Austen v. Cohen et al.
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