retaliatory-arrest
9 cases — ← All topics
| Case | Title | Lower Court | Docketed | Status | Flags | Tags | Question Presented |
|---|---|---|---|---|---|---|---|
| 25-981 | Kyler Newby v. Gabriel J. Bassford | Ninth Circuit | 2026-02-19 | Pending | Amici (2)Response RequestedResponse WaivedRelisted (2) | false-arrest first-amendment fourth-amendment probable-cause qualified-immunity retaliatory-arrest | The question presented is whether a police officer is entitled to qualified immunity from a retaliatory arrest claim when the officer could have reaso… |
| 25A874 | Huong Giaccio v. Meredith Lyon, et al. | Fifth Circuit | 2026-02-04 | Denied | constitutional-rights due-process first-amendment fourteenth-amendment municipal-immunity retaliatory-arrest | 1. Whether absolute judicial and prosecutorial immunity applies when municipal officials act without jurisdiction and in coordination with retaliatory… | |
| 23-1228 | Mason Murphy v. Michael Schmitt | Eighth Circuit | 2024-05-21 | GVR | Response RequestedRelisted (2) | circuit-split civil-rights first-amendment free-speech nieves-exception probable-cause retaliatory-arrest selective-enforcement selective-prosecution | Under Nieves v. Bartlett, probable cause does not bar a retaliatory-arrest claim when the plaintiff shows "that he was arrested when otherwise similar… |
| 23A732 | Mason Murphy v. Michael Schmitt, in His Individual Capacity | Eighth Circuit | 2024-02-07 | Presumed Complete | first-amendment jaywalking nieves-exception probable-cause retaliatory-arrest selective-enforcement | Whether the probable-cause exception to claims for retaliatory arrests that this Court announced in Nieves v. Bartlett can be satisfied by objective c… | |
| 23-597 | Robin Mayfield, et al. v. Butler Snow, L.L.P., et al. | Fifth Circuit | 2023-12-05 | Denied | Response Waived | civil-rights comparator-evidence first-amendment fourth-amendment probable-cause retaliatory-arrest warrant-based-arrest | 1. Whether, in the case of an alleged retaliatory arrest in violation of the First Amendment, Nieves v. Bartlett requires a plaintiff to identify othe… |
| 22-1025 | Sylvia Gonzalez v. Edward Trevino, II, et al. | Fifth Circuit | 2023-04-24 | Judgment Issued | Amici (23)Response RequestedResponse WaivedRelisted (4) | arrest circuit-split civil-rights first-amendment free-speech government-record probable-cause qualified-immunity retaliation retaliatory-arrest standing | 1. Whether the Nieves probable cause exception can be satisfied by objective evidence other than specific examples of arrests that never happened. 2.… |
| 21-8122 | Jeremiah Henderson v. Austin K. McClain | Fourth Circuit | 2022-06-10 | Denied | IFP | 42-usc-1983 civil-rights constitutional-tort first-amendment free-speech law-enforcement probable-cause retaliatory-arrest retaliatory-prosecution section-1983 | Does probable cause defeat a retaliatory prosecution claim when there is strong circumstantial proof that a policeman initiated the prosecution to ret… |
| 18-1524 | Michelle MacDonald Shimota, et vir v. Bob Wegner, et al. | Eighth Circuit | 2019-06-07 | Denied | Response Waived | 42-usc-1983 civil-rights constitutional-rights due-process first-amendment free-speech probable-cause retaliation retaliatory-arrest retaliatory-prosecution | In Neives v. Bartlett, this court held that probable cause is not an absolute bar to a First Amendment retaliatory- arrest claim under 42 U.S.C. § 198… |
| 18-1435 | Matthew Wayne Minard, Individually and in His Official Capacity as a Taylor Police Officer v. Debra Lee Cruise-Gulyas | Sixth Circuit | 2019-05-15 | Denied | Response Waived | civil-rights constitutional-rights discretion discretionary-action discretionary-enforcement due-process first-amendment fourteenth-amendment fourth-amendment free-speech law-enforcement qualified-immunity retaliation retaliatory-arrest traffic-stop | I. Did the Sixth Circuit Court of Appeals define the "clearly established" constitutional rights at issue in this qualified immunity case at too high … |