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Hartman v. Moore

Docket No.: 04-1495
Certiorari Granted: 6/27/2005
Argued: January 10, 2006
Decided: April 26, 2006

Topics:

First Amendment, Miscellaneous

PartyNames: HARTMAN et al. v. MOORE
Petitioner: Michael Hartman, Frank Kormann, Pierce McIntosh, Norman Robbins, and Robert Edwards
Respondent: William G. Moore, Jr.

Court Below: United States Court of Appeals for the District of Columbia Circuit

Michael Hartman, Frank Kormann, Pierce McIntosh, Norman Robbins, and Robert Edwards
v.
William G. Moore, Jr.
547 U.S. 250 (2006)
Consideration Limited:

LIMITED TO QUESTION 1 PRESENTED BY THE PETITION.

Question Presented:

1. Whether law enforcement agents may be liable under Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics, 403 U.S. 388 (1971), for retaliatory prosecution in violation of the First Amendment when the prosecution was supported by probable cause. 2. Whether, if so, the law to that effect was clearly established at the time that criminal charges were filed against respondent, such that petitioners are not entitled to qualified immunity.

Question:

Are law enforcement agents liable for retaliatory prosecution in violation of a defendant's First Amendment free speech rights when the prosecution was supported by probable cause?

Holding: reversed and remanded
Vote: 5-2
Recused: Chief Justice Rober
Opinion By:
Read HARTMAN V. MOORE opinion (PDF)
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