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United States
retaliatory arrestsection 1983probable cause
Gonzalez v. Trevino
602 U. S. 653 (2024)
Key Principle
A First Amendment retaliatory-arrest plaintiff who cannot meet Nieves v. Bartlett's no-probable-cause rule may still proceed under the Nieves exception by presenting objective evidence that he was arrested when otherwise similarly situated individuals not engaged in protected speech were not, and need not produce a virtually identical, identifiable comparator.
Area of Law
General
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