Nieves v. Bartlett
| Nieves v. Bartlett | |
|---|---|
| Argued November 26, 2018 Decided May 28, 2019 | |
| Full case name | Luis A. Nieves, et al. v. Russell P. Bartlett |
| Docket no. | 17-1174 |
| Citations | 587 U.S. 391 (more) 139 S. Ct. 1715; 204 L. Ed. 2d 1 |
| Argument | Oral argument |
| Opinion announcement | Opinion announcement |
| Case history | |
| Prior | Bartlett v. Nieves, 712 F. App'x 613 (9th Cir. 2017); cert. granted, 138 S. Ct. 2709 (2018). |
| Holding | |
| Probable cause generally defeats a retaliatory arrest claim, except for when officers under the circumstances would typically exercise their discretion not to make an arrest. | |
| Court membership | |
| |
| Case opinions | |
| Majority | Roberts, joined by Breyer, Alito, Kagan, Kavanaugh; Thomas (except Part II–D) |
| Concurrence | Thomas (in part) |
| Concur/dissent | Gorsuch |
| Concur/dissent | Ginsburg |
| Dissent | Sotomayor |
Nieves v. Bartlett, 587 U.S. 391 (2019), was a civil rights case in which the Supreme Court of the United States decided that probable cause should generally defeat a retaliatory arrest claim brought under the First Amendment, unless officers under the circumstances would typically exercise their discretion not to make an arrest.