The examples and perspective in this article deal primarily with the United States and do not represent a
worldwide view of the subject. (February 2022) |
A retaliatory arrest or retaliatory prosecution is an arrest or prosecution undertaken in retaliation for a person's exercise of their civil rights. It is a form of prosecutorial misconduct.
In Hartman v. Moore in 2006, the United States Supreme Court ruled that for a prosecution to be found retaliatory, it must have been brought without probable cause. [1] [2]
In the 2018 case of Lozman v. City of Riviera Beach, Riviera Beach, Florida argued that the logic of Hartman extended to retaliatory arrest. The Supreme Court issued a narrow ruling that plaintiff Fane Lozman was able to bring the claim despite there having been probable cause for his arrest. [3] [4] A year later, they answered the broader question, holding in Nieves v. Bartlett that probable cause defeats a claim of retaliatory arrest unless the plaintiff can show that others have typically not been arrested for similar conduct. [5] [6]
The examples and perspective in this article deal primarily with the United States and do not represent a
worldwide view of the subject. (February 2022) |
A retaliatory arrest or retaliatory prosecution is an arrest or prosecution undertaken in retaliation for a person's exercise of their civil rights. It is a form of prosecutorial misconduct.
In Hartman v. Moore in 2006, the United States Supreme Court ruled that for a prosecution to be found retaliatory, it must have been brought without probable cause. [1] [2]
In the 2018 case of Lozman v. City of Riviera Beach, Riviera Beach, Florida argued that the logic of Hartman extended to retaliatory arrest. The Supreme Court issued a narrow ruling that plaintiff Fane Lozman was able to bring the claim despite there having been probable cause for his arrest. [3] [4] A year later, they answered the broader question, holding in Nieves v. Bartlett that probable cause defeats a claim of retaliatory arrest unless the plaintiff can show that others have typically not been arrested for similar conduct. [5] [6]