Nieves v. Bartlett, No. 17-1174 (merits-stage amicus brief supporting respondent filed October 9, 2018)

Question Presented: In Hartman v. Moore, 547 U.S. 250 (2006), the Court held that probable cause defeats a First Amendment retaliatory-prosecution claim under 42 U.S.C. § 1983 as a matter of law.  Does probable cause likewise defeat a First Amendment retaliatory-arrest claim under § 1983?

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