Robin Mayfield, et al. v. Butler Snow, L.L.P., et al.
SocialSecurity FirstAmendment FourthAmendment CriminalProcedure Privacy
1. Whether, in the case of an alleged retaliatory arrest in violation of the First Amendment, Nieves v. Bartlett requires a plaintiff to identify other individuals who engaged in similar conduct yet were not arrested. This is the same question that will be decided in Gonzalez v. Trevino.
2. Whether the Mt. Healthy burden-shifting standard adopted in Lozman v. City of Riviera, 138 S. Ct. 1945 (2018) applies equally to warrant-based retaliatory arrest claims. Though phrased differently, this is much like the second question that will be decided in Gonzalez.
3. In the case of an arrest made with a warrant, whether the Fourth Amendment requires the arresting officer to have probable cause specifically for the crime cited in the warrant or is it constitutionally sufficient for the officer to have probable cause for a separate crime not mentioned in the warrant.
Whether the Nieves probable cause exception requires identifying comparator arrests