Reichle v. Howards
Docket No. | Op. Below | Argument | Opinion | Vote | Author | Term |
---|---|---|---|---|---|---|
11-262 | 10th Cir. | Mar 21, 2012 | Jun 4, 2012 | 8-0 | Thomas | OT 2011 |
Holding: The petitioners " two Secret Service agents -- are entitled to qualified immunity from suit involving a claim that they arrested the respondent in retaliation for remarks he had made about then-Vice President Cheney because, at the time of the arrest, it was not clearly established that an arrest supported by probable cause could give rise to a First Amendment violation.
Plain English Summary: Police officers (and federal agents, too) cannot be sued for violating someone"s rights, if the right that was supposedly violated was not formally recognized to exist at the time the officers acted. If the Court finds that no such right existed at that time (whether or not it might be recognized later), then the claim cannot go to court in a trial. In this case, the private individual who approached Vice President Cheney in 2006 claimed that he could not be arrested for anti-war remarks he made to Cheney. The Court, without deciding whether the man would now have a right to make those remarks without being arrested, found that he would not have a clear right to do so as of 2006. That was enough to reject Howards" lawsuit.
SCOTUSblog Coverage
- The Roberts Court and the First Amendment (Ronald Collins, July 9, 2013)
- Opinion recap: Narrow ruling on arrests (Lyle Denniston, June 4, 2012)
- Argument recap: New power for Secret Service (Lyle Denniston, March 21, 2012)
- Argument preview: A protester's arrest (UPDATED) (Lyle Denniston, March 13, 2012)
- December grants: In Plain English (Amy Howe, January 4, 2012)
- Free speech and the Veep (Lyle Denniston, December 5, 2011)
- Petition of the day (Marissa Miller, September 14, 2011)
Briefs and Documents
Merits Briefs for the Petitioners
Amicus Briefs in Support of the Petitioners
- Brief for the United States
- Brief for the International City/County Management Association”
- Brief for FBI Agents Association and the Federal Law Enforcement Officers Association
Merits Briefs for the Respondent
Amicus Briefs in Support of the Respondent
Amicus Briefs in Support of Neither Party
Certiorari-stage documents
- Opinion below (10th Cir.)
- Petition for certiorari
- Amicus brief of Colorado et al.
- Amicus brief of United States
- Letters from counsel
Merits Briefs for the Petitioners
Amicus Briefs in Support of the Petitioners
- Brief for the United States
- Brief for the International City/County Management Association”
- Brief for FBI Agents Association and the Federal Law Enforcement Officers Association
Merits Briefs for the Respondent
Amicus Briefs in Support of the Respondent
Amicus Briefs in Support of Neither Party
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