Reichle v. Howards (2011)
- Docket
- 11-262
- Decided
- 2011-01-01
Summary
Question: 1. Does probable cause to make an arrest bar a First Amendment retaliatory arrest claim? 2. Do Secret Service agents have qualified immunity in the matter of an arrest for which there was probable cause consistent with the Fourth Amendment? Conclusion: No answer and Yes. Justice Clarence Thomas delivered the opinion of the court, reversing the 10th Circuit and remanding. The Supreme Court held that the agents have qualified immunity from Howards' First Amendment claim because there is no clearly established right to protection from retaliatory arrest when there is probable cause for that arrest. For a right to be clearly established, every reasonable officer must understand that he or she is violating that right. The Court has never acknowledged the proposed right in this case, and 10th Circuit precedent is unclear. The Court did not decide whether there is, in fact, a right to protection from retaliatory arrests where there is otherwise probable cause for the arrest. Justice Ruth Bader Ginsburg concurred, writing that she would not grant qualified immunity if the agents had been ordinary law enforcement officers. She would apply a different standard for officers charged with protecting public officials because they must make quick and decisive decisions to protect the safety of those officials. The agents' actions in this case were rational and should not expose them to civil damages. Justice Stephen H. Breyer joined in the concurrence. Justice Elena Kagan did not participate in the decision.