1 Analyses of this case by attorneys

  1. SCOTUS: Nieves v. Bartlett: Probable cause to arrest defeats a First Amendment retaliation claim except where there otherwise would not have been an arrest

    Law Offices of John Wesley HallMay 29, 2019

    Nieves v. Bartlett, 17–1174 (May 28, 2019): Probable cause to arrest defeats a First Amendment retaliation claim except where there otherwise would not have been an arrest (maybe a really hard standard to meet).SCOTUSBlog: Opinion analysis: The First Amendment, probable cause and questions left unanswered by Howard M. Wasserman :On Tuesday, in Nieves v. Bartlett, a majority finally agreed on a standard for how probable cause affects a civil damages action for First Amendment retaliatory arrest under 42 U.S.C. § 1983: A plaintiff must show the absence of probable cause to arrest as an element of the claim and the presence of probable cause will defeat most claims, unless a plaintiff presents “objective evidence that he was arrested when otherwise similarly situated individuals not engaged in the same sort of protected speech had not been.”