Luis A. Nieves v. Russell P. Bartlett — Sotomayor, J., Dissenting

Summary

Justice Sotomayor dissents, arguing that probable cause does not automatically defeat a §1983 First Amendment retaliatory‑arrest claim and that the Court should apply the established Mt. Healthy framework rather than the majority’s new comparator‑evidence rule. She contends the majority’s rule lacks constitutional grounding and risks leaving clear First Amendment violations unremedied.