11:06, June 18 278 0 abajournal.com

2018-06-18 11:06:07
Supreme Court allows First Amendment retaliatory arrest claim by man who conceded probable cause

Developing: The U.S. Supreme Court on Monday allowed a Florida man arrested at a city council meeting to bring a First Amendment retaliatory arrest claim, even though he conceded that police had probable cause to arrest him.

The court ruled for Fane Lozman, who claimed his arrest at a Riviera Beach, Florida, city council meeting had been ordered for his prior public criticisms of government officials and a prior open-meetings lawsuit. Lozman had claimed that, even though there was probable cause, his arrest was part of a municipal policy of intimidation.

Lozman had been arrested after he refused a lawful order to leave the podium, and that is apparently the reason he concedes probable cause, according to the majority opinion by Justice Anthony M. Kennedy.

Justice Clarence Thomas dissented.

The case is Lozman v City of Riviera Beach.