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SCOTUS Clarifies Nieves Exception to Lack of Probable Cause Requirement for First Amendment Retaliatory-Arrest Claim Does Not Require ‘Virtually Identical and Identifiable Comparators’

by Sam Rutherford

In a short, per curiam opinion, the Supreme Court of the United States clarified the scope of the exception set out in Nieves v. Bartlett, 587 U.S. 391 (2019), to the requirement that First Amendment retaliatory-­arrest claims may only proceed if the plaintiff establishes a lack of ...

 

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