The U.S. Supreme Court released an orders list and decisions today. There are no criminal cases of note, but there is action in two civil suits against law enforcement officers.
On the orders list, the El Paso cross-border shooting case of Hernandez v. Mesa is back for a sequel. “Once more into the breach, dear friends …”
Nieves v. Bartlett, No. 17-1174, involves a claim of retaliatory arrest when the police did, in fact, have probable cause to make the arrest. The presence of probable cause generally defeats a First Amendment retaliatory arrest claim. However, for a warrantless misdemeanor arrest, the “no-probable-cause requirement should not apply when a plaintiff presents objective evidence that he was arrested when otherwise similarly situated individuals not engaged in the same sort of protected speech had not been.”
The opinion of the Court is by Chief Justice Roberts, joined in full by Justices Breyer, Alito, Kagan, and Kavanaugh. Justices Thomas, Gorsuch, and Ginsburg concur in varying parts. Only Justice Sotomayor dissents entirely. The line-up analyzers will have fun with that one.