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HARTMAN v. MOORE

No. 04-1495.

547 U.S. 250 (2006)

HARTMAN et al. v. MOORE

Supreme Court of United States.

Decided April 26, 2006.

Attorney(s) appearing for the Case

Deputy Solicitor General Kneedler argued the cause for petitioners. With him on the brief were Solicitor General Clement, Assistant Attorney General Keisler, Dan Himmelfarb, Barbara L. Herwig, Matthew M. Collette, Stephanie R. Marcus, and Richard Montague.

Patrick F. McCartan argued the cause for respondent. With him on the brief were Paul Michael Pohl and Christian G. Vergonis.*

JUSTICE SOUTER delivered the opinion of the Court.

This is a Bivens action against criminal investigators for inducing prosecution in retaliation for speech. The question is whether the complaint states an actionable violation of the First Amendment without alleging an absence of probable cause to support the underlying criminal charge. We hold that want of probable cause must be alleged and proven.

I

In the 1980's, respondent William G. Moore...

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