Nieves v. Bartlett

Nieves v. Bartlett
Supreme Court of the United States
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
Chief Justice John Roberts Associate Justices Clarence Thomas · Ruth Bader Ginsburg Stephen Breyer · Samuel Alito Sonia Sotomayor · Elena Kagan Neil Gorsuch · Brett Kavanaugh
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.^[1]