Luis A. Nieves v. Russell P. Bartlett — Gorsuch, J., Concurring in Part and Dissenting in Part

Summary

The Court held that probable cause does not per se defeat a §1983 First Amendment retaliatory‑arrest claim, but plaintiffs must show that similarly situated individuals who engaged in different speech were not arrested—a new comparison‑based evidentiary requirement. Justice Sotomayor dissented, arguing the rule is too restrictive.