No. 23-61

Martin E. O'Boyle, et al. v. Town of Gulf Stream, Florida

Lower Court: Eleventh Circuit
Docketed: 2023-07-21
Status: Denied
Type: Paid
Relisted (2)
Tags: 42-usc-1983 civil-litigation first-amendment first-amendment-retaliation municipal-policy official-policy probable-cause retaliation
Key Terms:
SocialSecurity FirstAmendment DueProcess CriminalProcedure
Latest Conference: 2023-12-08 (distributed 2 times)
Question Presented (AI Summary)

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 (OCR Extract)

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?

Docket Entries

2023-12-11
Petition DENIED.
2023-12-01
Rescheduled.
2023-12-01
DISTRIBUTED for Conference of 12/8/2023.
2023-11-08
DISTRIBUTED for Conference of 12/1/2023.
2023-11-07
2023-10-20
2023-08-09
Motion to extend the time to file a response is granted and the time is extended to and including October 20, 2023.
2023-08-01
Motion to extend the time to file a response from August 21, 2023 to October 20, 2023, submitted to The Clerk.
2023-07-19
2023-05-26
Application (22A1023) granted by Justice Thomas extending the time to file until July 19, 2023.
2023-05-23
Application (22A1023) to extend the time to file a petition for a writ of certiorari from June 19, 2023 to July 19, 2023, submitted to Justice Thomas.

Attorneys

Martin O'Boyle, et al.
Kim M. WattersonReed Smith LLP, Petitioner
Town of Gulf Stream
Jeffrey Lawrence HochmanJohnson Anselmo Murdoch Burke Piper & Hochman, PA, Respondent