United States Supreme Court
Lozman v. City of Riviera Beach, Florida, 17-21
In a First Amendment free speech case, the Court ordered the judgment of the Court of Appeals vacated and the case remanded holding that probable cause does not bar a First Amendment retaliation claim. Plaintiff argued that he was a arrested because of a retaliation plan by the defendant-city for his outspoken criticism of the cities policies. The defendant city argued they had probable cause to arrest plaintiff because of his disruptive behavior at a city council meetings. The US Supreme court held that plaintiff need not prove the absence of probable cause in order to maintain a First Amendment claim for retaliatory arrest under 42 U.S.C section 1983.
Appellate Information
- Published 2018/06/18
Judges
- KENNEDY
Court
- United States Supreme Court