United States Eighth Circuit

A plaintiff who seeks relief from valid adverse regulatory action on the ground it was unconstitutional retaliation for First Amendment-protected speech must make the same showing that is required to establish a claim of selective prosecution. That is, he must show that he has been singled out for prosecution while others similarly situated have not been prosecuted for conduct similar to that for which he was prosecuted, and that the government's discriminatory selection of him for prosecution was based upon his exercise of his First Amendment right to free speech.

Appellate Information

• Decided 02/26/2007
• Published 02/26/2007

Judges

• LOKEN, Chief Judge., Before LOKEN, Chief Judge, LAY  and MELLOY, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Stephen L. Smith, argued, Minneapolis, MN, for appellant.


• For Appellees:
  
• Paul D. Reuvers, argued, Bloomington, MN (Susan M. Tindal, on the brief), for appellee.