Justices say, in most cases, probable cause for arrest weighs against suits for constitutional violations.
By Robert Barnes Robert Barnes Reporter covering the U.S. Supreme Court Email Bio Follow May 28 at 5:59 PM The Supreme Court on Tuesday made it harder for those who contend they have been arrested in retaliation for exercising their free speech rights to bring lawsuits against the arresting officers.
“For example, at many intersections, jaywalking is endemic but rarely results in arrest,” Roberts wrote. “If an individual who has been vocally complaining about police conduct is arrested for jaywalking at such an intersection, it would seem insufficiently protective of First Amendment rights to dismiss the individual’s retaliatory arrest claim on the ground that there was undoubted probable cause for the arrest.
But she added: “I would not use this thin case to state a rule that will leave press members and others exercising First Amendment rights with little protection against police suppression of their speech.” The charges against Bartlett were eventually dropped, and he filed suit against the officers, saying his free speech rights were violated. The U.S. Court of Appeals for the 9th Circuit in San Francisco said that the suit could go forward, even if there was probable cause on the part of the officers to make an arrest.
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