United States DC Circuit

Government officials are barred from bringing charges they would not have pursued absent retaliatory motive, regardless of whether they had probable cause to do so.

Appellate Information

• Decided 11/09/2004
• Published 11/09/2004

Judges

• Before:  SENTELLE and TATEL, Circuit Judges, and WILLIAMS, Senior Circuit Judge.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• Richard Montague, Attorney, U.S. Department of Justice, argued the cause for appellants.   With him on the briefs were Peter D. Keisler, Assistant Attorney General, Kenneth L. Wainstein, U.S. Attorney, and Barbara L. Herwig, Assistant Director.


• For Appellees:
  
• Paul Michael Pohl argued the cause for appellee.   With him on the brief were Bryan D. Kocher and Daniel H. Bromberg.