This brief argues that retaliatory arrests that do not involve on-the-spot law-enforcement decisions—or that otherwise present objective suggestions of improper motive—occur with sufficient frequency to make the need for an effective remedy compelling. At the same time, the course of retaliatory-arrest litigation also indicates that the availability of such a remedy would not threaten the ability of law enforcement officers to operate effectively.
A huge thank you to the individuals at the Yale Law School Supreme Court Clinic for their work on this brief, and to the Institute for Justice for bringing this important case.
Amicus Counsel
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