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
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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