Ballentine v. Tucker

Submitted by Re'Neisha Stevenson on Thu, 10/27/2022 - 11:26

Plaintiffs were activists and members of the Sunset Activist Collective and associated with CopBlock, critical of law enforcement, who chalked anti-police messages on the sidewalks of Las Vegas and were arrested under the local graffiti statute; they filed suit for retaliatory arrest; court finds case falls within narrow exception of Nieves v. Bartlett, 139 S.Ct. 1715 (2019), which ordinarily bars a claim for retaliatory arrest unless plaintiff can show there was no probable cause, but permits an action when plaintiff is arrested when other similarly situated individuals engaged in the same conduct have not been; evidence showed people not engaged in speech critical of police were not arrested for chalking on sidewalk.

Actionable Conduct Edition