(SitNews) Washington, D. C. - The U.S. Supreme Court in Nieves v. Bartlett held that a plaintiff suing his arresting officers on the theory that they arrested him in retaliation for his First Amendment speech cannot prevail if the officers had probable cause to arrest.

As a result of the Court’s decision, a lawsuit against two Alaska State Troopers who had arrested a man for disorderly conduct at the Arctic Man festival must be dismissed.

Alaska Attorney General Kevin G. Clarkson made the following comment following the Supreme Court’s decision: "The U.S. Supreme Court has clarified that a lawful arrest protects a police officer from an unnecessary lawsuit. This is a great decision for law enforcement officers across over the nation."

This case stems from an incident that occurred at Alaska's Arctic Man festival in 2014 held in the remote Hoodoo Mountains near Paxson, Alaska. Russell Bartlett, the plaintiff, was arrested by two Alaska state troopers Luis Nieves and Bryce Weight for disorderly conduct and resisting arrest during "Arctic Man," a raucous winter sports festival held in a remote part of Alaska.

Quoting the court's opinion: According to Sergeant Nieves, he was speaking with a group of attendees when a seemingly intoxicated Bartlett started shouting at them not to talk to the police. When Nieves approached him, Bartlett began yelling at the officer to leave. Rather than escalate the situation, Nieves left. Bartlett disputes that account, claiming that he was not drunk at that time and did not yell at Nieves. Minutes later, Trooper Weight says, Bartlett approached him in an aggressive manner while he was questioning a minor, stood between Weight and the teenager, and yelled with slurred speech that Weight should not speak with the minor. When Bartlett stepped toward Weight, the officer pushed him back. Nieves saw the confrontation and initiated an arrest. When Bartlett was slow to comply, the officers forced him to the ground. Bartlett denies being aggressive and claims that he was slow to comply because of a back injury. After he was handcuffed, Bartlett claims that Nieves said "bet you wish you would have talked to me now." 

The officers took Bartlett to a holding tent, where he was charged with disorderly conduct and resisting arrest. He had sustained no injuries during the episode and was released a few hours later.

The federal district court dismissed Bartlett’s lawsuit after finding that the troopers had probable cause to arrest Bartlett, but the Ninth Circuit reversed, ruling that suit could go forward. The U.S. Supreme Court granted certiorari in June 2018.

The U.S. Supreme Court's ruling on May 28, 2019 now dismisses the lawsuit against the two Alaska State Troopers who had arrested Bartlett for disorderly conduct at the Arctic Man festival in 2014.

The opinion of the Court was delivered by Chief Justice Roberts.

On the Web:

Nieves v. Bartlett - Read the full opinion.
https://casetext.com/case/nieves-v-bartlett-1

Source of News:

Alaska Department of Law
www.law.state.ak.us

Nieves v. Bartlett

 

 

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