Legal Opinion
Hartman v. Moore
Supreme Court of the United States
Decided April 26, 2006No. 04-1495PublishedCited by 1,579 opinions
1Opinion of the CourtJustice Souter
This is a Bivens action against criminal investigators for inducing prosecution in retaliation for speech. The question is whether the complaint states an actionable violation of the First Amendment without alleging an absence of probable cause to support the underlying criminal charge. We hold that want of probable cause must be alleged and proven.
I
In the 1980’s, respondent William G. Moore, Jr., was the chief executive of Recognition Equipment Inc. (REI), which manufactured a multiline optical character reader for interpreting'multiple lines of text. Although REI had received some $50…
2Cases cited36 opinions
- Bivens v. Six Unknown Named Agents of Federal Bureau of NarcoticsSupreme Court of the United States · 1971
- Heck v. HumphreySupreme Court of the United States · 1994
- Mitchell v. ForsythSupreme Court of the United States · 1985
- Mt. Healthy City School District Board of Education v. DoyleSupreme Court of the United States · 1977
- Albright v. OliverSupreme Court of the United States · 1994
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3Cited by1,579 opinions
- Ashcroft v. IqbalSupreme Court of the United States · 2009
- Michael Lacey v. Joseph ArpaioCourt of Appeals for the Ninth Circuit · 2012
- Reichle v. HowardsSupreme Court of the United States · 2012
- James Solomon v. Deputy U.S. Marshal ThomasCourt of Appeals for the Eighth Circuit · 2015
- Peter Bistrian v. Troy LeviCourt of Appeals for the Third Circuit · 2012
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