Retaliatory Prosecution
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A retaliatory arrest or retaliatory prosecution is an
arrest An arrest is the act of apprehending and taking a person into custody (legal protection or control), usually because the person has been suspected of or observed committing a crime. After being taken into custody, the person can be questi ...
or prosecution undertaken in retaliation for a person's exercise of their
civil rights Civil and political rights are a class of rights that protect individuals' freedom from infringement by governments, social organizations, and private individuals. They ensure one's entitlement to participate in the civil and political life of ...
. It is a form of prosecutorial misconduct.


United States

In ''
Hartman v. Moore ''Hartman v. Moore'', 547 U.S. 250 (2006), is a decision by the Supreme Court of the United States involving the pleading standard for retaliatory prosecution claims against government officials. After a successful lobbying attempt by the CEO ...
'' in 2006, the
United States Supreme Court The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point o ...
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 Riviera Beach is a city in Palm Beach County, Florida, United States, which was incorporated September 29, 1922. Due to the location of its eastern boundary, it is also the easternmost municipality in the Miami metropolitan area, which was home to ...
argued that the logic of ''Hartman'' extended to retaliatory arrest. The Supreme Court issued a narrow ruling that plaintiff
Fane Lozman Fane Lozman is an American inventor and futures and options trader known for his long-running legal battles with the city of Riviera Beach, Florida. His litigation against the city has reached the U.S. Supreme Court twice: a 2013 case about wheth ...
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 ''Nieves v. Bartlett'', 587 U.S. 391 (2019), was a civil rights case in which the Supreme Court of the United States decided that probable cause should generally defeat a retaliatory arrest claim brought under the First Amendment, unless officer ...
'' that probable cause defeats a claim of retaliatory arrest unless the plaintiff can show that others are typically not been arrested for similar conduct.


See also

* Contempt of cop * Arbitrary arrest and detention *
42 U.S.C. § 1983 The Enforcement Act of 1871 (), also known as the Ku Klux Klan Act, Third Enforcement Act, Third Ku Klux Klan Act, Civil Rights Act of 1871, or Force Act of 1871, is an Act of the United States Congress which empowered the President to suspend t ...
, governing claims against state actors for denial of constitutional rights * ''
Bivens v. Six Unknown Named Agents ''Bivens v. Six Unknown Named Agents'', 403 U.S. 388 (1971), was a case in which the US Supreme Court ruled that an implied cause of action existed for an individual whose Fourth Amendment protection against unreasonable search and seizures had b ...
'', governing claims against federal actors


References

Political repression Abuse of the legal system Law enforcement terminology Criminal law * Articles containing video clips {{law-stub