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CA10: Plaintiff loses on Fourth Amendment claim but succeeds on First Amendment retailiatory arrest claim involving former VP Cheney

By John Wesley Hall, Jr.

Secret service agents had probable cause for the arrest of the plaintiff for lying to them about touching Vice President Cheney when he wanted to ask Cheney “How many kids have you killed today?” referring to the War in Iraq which offended a Secret Service agent protecting Cheney. Plaintiff, however, wins on his First Amendment retaliatory arrest claim. Howards v. McLaughlin, 2011 U.S. App. LEXIS 4974 (10th Cir. March 14, 2011)*: In light of the care the Supreme Court took to distinguish between complex and ordinary retaliation claims, we are not persuaded Hartman applies to the circumstances here. See John Koerner, Note, Between Healthy and Hartman: Probable Cause in Retaliatory Arrest Cases, 109 Colum. L. Rev. 755, 771 (2009) (“[T]he Court did not signal that it was rejecting [the Mt...continue to full post

Full post as published by Fourth Amendment on March 16, 2011 (boomark / email).