First Amendment Case Involving Prisoner Complaint with Veiled Threats Won’t Be Reviewed by Supreme Court Over Strong Objection by Three Justices

Does the First Amendment require a prison to entertain a prisoner grievance that contains veiled threats to kill or injure a guard?  This is the question that Justices Alito, Thomas, and Kavanaugh believe should be answered by the Supreme Court. However, over their objection, on May 13, 2019, the remaining Justices refused certiorari in Dahne…

Supreme Court Finds Retaliation Claim May Proceed Even with Probable Cause for Arrest

By Carmen M. Aguado Synopsis: Fane Lozman conceded there was probable cause to support his 2006 arrest at a city council meeting when he ignored a lawful order to leave the podium during the public-comments session. Lozman’s concession that there was probable cause for his arrest would, in a retaliatory prosecution case, bar his ability…

SCOTUS Watch: Supreme Court Weighs in on Lawsuits Against Federal Officials and Federal Law Enforcement

Many readers are familiar with a Section 1983 claim, which is the vehicle Congress created to bring constitutional claims against state officials.  Until 1971, there was no equivalent for lawsuits against federal officials until the Supreme Court case Bivens v. Six Unknown Fed. Narcotics Agents. Based on Bivens, individuals can sue federal officials for constitutional…