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MOORE v. HARTMAN

No. 10-5334.

704 F.3d 1003 (2013)

William G. MOORE, Jr. and Blanche K. Moore, Appellees v. Michael HARTMAN, et al., Appellants Antonio Santos, Appellee Pamela Jean Sothan-Robbins, Appellant United States of America, Appellee

United States Court of Appeals, District of Columbia Circuit.

Decided January 15, 2013.

Attorney(s) appearing for the Case

Catherine Y. Hancock , Attorney, U.S. Department of Justice, argued the cause for appellants. With her on the briefs were Stuart F. Delery , Acting Assistant Attorney General, Ronald C. Machen Jr. , U.S. Attorney, and Barbara L. Herwig , Attorney. Michael P. Abate and Richard Montague , Attorneys, U.S. Department of Justice, entered appearances.

Paul Michael Pohl argued the cause for appellees. With him on the briefs were Christian G. Vergonis and Charles T. Kotuby, Jr.

Dissenting opinion filed by Circuit Judge KAVANAUGH.

On Remand from the U.S. Supreme Court

PER CURIAM:

The Supreme Court has directed this court to determine whether our decision in Moore v. Hartman, 644 F.3d 415 (D.C.Cir. 2011) ("Moore V"), holding that "probable cause is not an element of the First Amendment right allegedly violated" in a retaliatory prosecution suit, id. at 423, remains good law in light of Reichle v. Howards, ___ U.S. ___, ...

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