Frivolous claim appealed to Supreme Court

Posted 8/30/18

SC Attorney General Alan Wilson has joined a coalition urging the Supreme Court to protect police from frivolous claims.

Attorneys general from 15 states and the District of Columbia asked the …

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Frivolous claim appealed to Supreme Court

Posted

SC Attorney General Alan Wilson has joined a coalition urging the Supreme Court to protect police from frivolous claims.

Attorneys general from 15 states and the District of Columbia asked the court to overrule a lower court ruling.

They want the court to rule that a police officer is not subject to a retaliatory suit when the officer had probable cause to make an arrest.

They told the court that a contrary ruling would encourage a flood of lawsuits and constrain officers’ ability to protect the public.

“Police officers have a hard enough job without having to worry about being sued for arresting someone when there’s probable cause,” Wilson said.

The Nieves v. Bartlett case involves a man who sued two Alaska state troopers who had arrested him for disorderly conduct.

Although there was probable cause for the arrest, the man claimed the troopers were retaliating against his 1st Amendment rights.

The Court will hear oral arguments in the case in its next term, which begins in October 2018.

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