Martin E. O'Boyle, et al. v. Town of Gulf Stream, Florida
SocialSecurity FirstAmendment DueProcess CriminalProcedure
Whether the no-probable-cause requirement extends beyond claims for retaliatory criminal prosecution and arrest and applies to claims for retaliatory civil litigation?
question presented is: 1. Whether the no-probable-cause requirement extends beyond claims for retaliatory criminal prosecution and arrest and applies to claims for retaliatory civil litigation? In Nieves, this Court recognized that the existence of probable cause “does not categorically bar” a retaliation claim when an adverse action is taken “pursuant to an alleged ‘official municipal policy’ of retaliation.” 139 S. Ct. at 1722 (quoting Lozman v. City of Riviera Beach, 138 S. Ct. 1945, 1954 (2018)). The question presented is: 2. Whether the no-probable-cause requirement applies when a plaintiff has proved an official municipal policy of retaliation?