Retaliatory arrest and prosecution
Today, Retaliatory arrest and prosecution is a topic that arouses great interest and debate in society. From its origins to the present, Retaliatory arrest and prosecution has been the subject of study and analysis by experts from different disciplines. Its impact on people's lives and on the development of humanity has been profound, and its relevance has remained over time. In this article, we will explore in detail the most relevant aspects of Retaliatory arrest and prosecution, from its origins to its implications today. From his impact on society to his influence on popular culture, Retaliatory arrest and prosecution has left an indelible mark on history and on people's minds.
 | The examples and perspective in this article deal primarily with the United States and do not represent a worldwide view of the subject. (February 2022) |
A retaliatory arrest or retaliatory prosecution is an arrest or prosecution undertaken in retaliation for a person's exercise of their civil rights. It is a form of prosecutorial misconduct.
United States
In Hartman v. Moore in 2006, the United States Supreme Court ruled that for a prosecution to be found retaliatory, it must have been brought without probable cause.
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. 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.
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).
- ^ Jesse D. H. Snyder, What Fane Lozman Can Teach Us About Free Speech, 19 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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