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Nieves: probable cause and a retaliation claim
Probable cause generally defeats a First Amendment retaliatory-arrest claim, with a narrow exception where similarly situated people not engaged in the speech are not arrested
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What the record says
Worldwide register by region (Batch 2) · Batch 11
- Jurisdiction / date
- US Supreme Court, Nieves v. Bartlett, 587 U.S. \_\_\_ (2019)
- Mechanism
- Doctrine
- What is documented
- Probable cause generally defeats a First Amendment retaliatory-arrest claim, with a narrow exception where similarly situated people not engaged in the speech are not arrested
- Finding or status
- JUDICIAL (doctrine) (Justia)
- Limits
- Lower courts have applied the arrest framework to § 5150 detentions by analogy; the effect is that a retaliatory hold with probable cause is close to unreviewable in federal court, matching the state-law closure under § 5278
- Label
- VERIFIED
Linked patterns
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Linked corrections
No separately indexed correction linked to this key. Review the source wording and later batches before relying on an earlier assertion.
Reference and provenance
2019-US-SCOTUS-NIEVES