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Hartman Vs. Moore
Cites for this judgment
- US Supreme Court
- Apr 26, 2006
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Syllabus October Term, 2005 Hartman V. MooreSearch
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them to any wrongdoing, the District Court acquitted the defendants. Moore then filed an action under Bivens v. SixSearch
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from subjecting an individual to retaliatory actions, including criminal prosecutions, for speaking out. Crawford-El v. BrittonSearch
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J., joined. Roberts, C. J., and Alito, J., took no part in the consideration or decision of the case. Hartman v. MooreSearch
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Opinion of the Court Hartman V. MooreSearch
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No. 04-1495 Michael Hartman, Frank Kormann, Pierce Mcintosh, Norman Robbins, and Robert Edwards, Petitioners V. WilliamSearch
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motion for judgment of acquittal. United States v. RecognitionSearch
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DC 1989). Moore then brought an action in the Northern District of Texas for civil liability under Bivens v. SixSearch
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the absolute immunity for prosecutorial judgment, and rejected an abuse-of-process claim against the inspectors. Moore v. ValderSearch
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to have the Court of Appeals for the District of Columbia Circuit reinstate the retaliatory-prosecution claim. Moore v. ValderSearch
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were involved, but again dismissed the remaining charges against the United States and the prosecutor. Moore v. ValderSearch
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his FTCA claim against the United States, the dismissal of his claims against the prosecutor was affirmed. Moore v. UnitedSearch
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prosecution suits. Some Circuits burden plaintiffs with the obligation to show its absence. See, e.g., Wood v. KeslerSearch
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Keenan v. TejedaSearch
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Mozzochi v. BordenSearch
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CA2 1992). Others, including the District of Columbia Circuit, impose no such requirement. See, e.g., Poole v. CountySearch
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Haynesworth v. MillerSearch
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see also Perry v. SindermannSearch
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Mt. Healthy City Bd. of Ed. v. DoyleSearch
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of Bivens . See 403 U. S., at 397. III Despite a procedural history portending another Jarndyce v. JarndyceSearch
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see also National Archives and Records Admin. v. FavishSearch
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s no-probable-cause requirement a natural feature of the constitutional tort. See Heck v. HumphreySearch
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at the elements of common-law torts when we think about elements of actions for constitutional violations, see Carey v. PiphusSearch
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more as a source of inspired examples than of prefabricated components of Bivens torts. See, e.g., Albright v. OliverSearch
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cf. Baker v. McCollanSearch
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s claim that he was fired for speech criticizing the government. See, e.g. , Pickering v. BoardSearch
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see also Arlington Heights v. MetropolitanSearch
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not be brought against the prosecutor, who is absolutely immune from liability for the decision to prosecute, Imbler v. PachtmanSearch
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see also Barts v. JoynerSearch
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Dellums v. PowellSearch
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cf. Smiddy v. VarneySearch
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added legal obstacle in the longstanding presumption of regularity accorded to prosecutorial decisionmaking. See Reno v. American-ArabSearch
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given our position that judicial intrusion into executive discretion of such high order should be minimal, see Wayte v. UnitedSearch
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are reasonable grounds to suspend the presumption of regularity behind the charging decision, see Bordenkircher v. HayesSearch
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See Wilson v. LayneSearch
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on the sufficiency of the evidence to show that a defendant is in fact entitled to the immunity claimed. See Mitchell v. ForsythSearch
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see also Crawford-El v. BrittonSearch
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and Eleventh Circuits, all of which require plaintiffs to show an absence of probable cause. See, e.g. , Izen v. CatalinaSearch
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Wood v. KeslerSearch
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Singer v. FultonSearch
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Post v. FortSearch
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Magnotti v. KuntzSearch
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