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In this 2012 file photo, Fane Lozman is seen in Miami Beach, Florida. Lozman sued the city of Riviera Beach claiming that city officials retaliated against him when he was arrested and stopped from speaking during the public comments section of a city council meeting. Lower courts ruled against him, saying he had to prove that police did not have probable cause for the arrest before proceeding with his claim. But the Supreme Court overturned the ruling in June 2018, saying that a plaintiff could proceed with a retaliation lawsuit even if there was probable cause for arrest. (AP Photo/Alan Diaz, File, reprinted with permission from the Associated Press)In this 2012 file photo, Fane Lozman is seen in Miami Beach, Florida. Lozman sued the city of Riviera Beach claiming that city officials retaliated against him when he was arrested and stopped from speaking during the public comments section of a city council meeting. Lower courts ruled against him, saying he had to prove that police did not have probable cause for the arrest before proceeding with his claim. But the Supreme Court overturned the ruling in June 2018, saying that a plaintiff could proceed with a retaliation lawsuit even if there was probable cause for arrest. (AP Photo/Alan Diaz, File, reprinted with permission from the Associated Press)

Lozman v. City of Riviera Beach, Florida (2018)

1st Amendment – Retaliation by Government Entity

Proceed with Lawsuit Against Government!

 

 

In the decision of Lozman v. Riviera Beach, Florida, 585 US ___ (2018), the U.S. Supreme Court ruled 8-1 that a plaintiff alleging that a government entity arrested him or her as part of an overall pattern of retaliation against the plaintiff can proceed with a retaliation lawsuit even if there was probable cause for an arrest.  

Lozman arrested at city council meeting when he would not quit speaking

Fane Lozman was a frequent critic of city officials in Riviera Beach, Florida, for their policies on eminent domain. Lozman became a resident of the city after he docked his floating home on city waterfront property. Lozman filed a lawsuit against the city for violating an open meetings law when city officials met with developers behind closed doors.

In November 2006, Lozman went to a city council meeting and spoke during the public comment period. He began to criticize the recent arrest of a former county official when a councilmember ordered him to stop uttering those remarks. After Lozman continued, the councilmember ordered a police officer to arrest Lozman.

The officer arrested Lozman when he refused to quit talking and leave the podium. The officer handcuffed Lozman and escorted him from the building. Lozman contended that the city retaliated against him by arresting him for his open-meetings lawsuit against the city and prior public criticisms of city officials.

Lozman filed suit alleging retaliation

Lozman was arrested for disorderly conduct. A prosecutor later dropped the charges. Even still, Lozman filed a section 1983 civil rights lawsuit, alleging retaliation. The city countered that the retaliation lawsuit should fail because there was probable cause to arrest Lozman.

A federal district court determined that to prevail, Lozman would have to show that the arresting officer was motived by animus against Lozman and that the officer lacked probable cause for the arrest. A jury ruled for the city.

On appeal, the 11th U.S. Circuit Court of Appeals determined that the city erred when it reasoned that the officer himself must harbor a retaliatory animus but determined any such error harmless because the jury determined the arrest was backed by probable cause.

Case dealt with whether retaliation claims can proceed if there is ‘probable cause’ for arrest

Lozman appealed to the U.S. Supreme Court, arguing that probable cause is not a bar to a retaliatory arrest claim. Lozman urged the Court to adopt the rule from Mt. Healthy v. Doyle (1977), a decision in which the Court allowed a public employee’s First Amendment lawsuit to proceed when the government reason for punishing the employee was a motivating or substantial factor. As applied to a retaliation claim, Lozman argued that a retaliation plaintiff must show that the retaliation was a motivating or substantial factor and a defendant can prevail only by showing that it would have made the same decision to arrest without respect to retaliation.

The city countered that, pursuant to the Court’s decision in Hartman v. Moore (2006), probable cause for arrest is an absolute bar just as the Court determined it was in Hartman for retaliatory prosecution cases.

Court said retaliation case could proceed, Lozman’s First Amendment rights were implicated

Writing for the majority, Justice Anthony Kennedy reasoned that probable cause should not be a bar for those retaliation cases in which the plaintiff alleges that a governmental entity engaged in a pattern of retaliation against a plaintiff for protected speech or petitioning.

“The fact that Lozman must prove the existence and enforcement of an official policy motivated by retaliation separates Lozman’s claim from the typical retaliatory arrest claim,” Kennedy wrote.

Kennedy wrote that “there is a risk that some police officers may exploit the arrest power as a means of suppressing speech.”

Kennedy concluded that “Lozman need not prove the absence of probable cause to maintain a claim of retaliatory arrest against the City.”  Instead, “the Mt. Healthy test provides the correct standard for assessing a retaliatory arrest claim.”

Kennedy also recognized that Lozman’s petition rights were implicated, writing that Lozman claimed he faced retaliation after he filed a lawsuit. “Lozman’s speech is high in the hierarchy of First Amendment values,” he added.

Justice Clarence Thomas filed a solitary dissent. “Instead of dreaming up our own rule, I would have answered the question presented and held that plaintiffs must plead and prove a lack of probable cause as an element of a First Amendment retaliatory arrest claim,” he wrote.

David L. Hudson, Jr. is a law professor at Belmont who publishes widely on First Amendment topics. He is the author of a 12-lecture audio course on the First Amendment entitled Freedom of Speech: Understanding the First Amendment (Now You Know Media, 2018). He also is the author of many First Amendment books, including The First Amendment: Freedom of Speech (Thomson Reuters, 2012) and Freedom of Speech: Documents Decoded (ABC-CLIO, 2017). This article was originally published in 2009.​ By David L. Hudson Jr. cited https://www.mtsu.edu:8443/first-amendment/article/1600/lozman-v-city-of-riviera-beach-florida

Lozman v. City of Riviera Beach Supreme Court considers free speech vs. retaliatory arrests

In Lozman v. City of Riviera Beach, 585 U.S. ___ (2018), the Supreme Court ruled that the existence of probable cause for a city police officer’s arrest of Lozman did not bar him from bringing a retaliation claim under 42 U.S.C.

 

arresting someone in retaliation for the exercise of free speech rights is sufficient to chill speech as an understatement.

Watch the SHORT VDIEO below on How it all started in 2017

 

and this is how it ended with him $875,000 dollars richer! Crimes erased and the City put in their place! helping all others around our country as this is a SCOTUS ruling!

 

MIAMI (AP) — A Florida man who already won an improbable victory before the U.S. Supreme Court is hoping legal lightning strikes twice in a First Amendment case pitting police powers of arrest against the right to speak freely and protest.

Oral arguments are scheduled Tuesday in Fane Lozman’s lawsuit against the City of Riviera Beach, which is just north of West Palm Beach. Lozman contends he was wrongly prevented from speaking at a 2006 city council meeting through an arrest on bogus charges of disorderly conduct and resisting arrest that were later dropped.

The officer apparently concluded that Lozman was about to create a disturbance, so that was enough probable cause, according to court papers.

“There’s nothing to preclude elected officials and police to do this anytime they want when they don’t like the content of someone’s speech. There’s no accountability,” Lozman said in an interview. “It intimidates the public and they say it’s not worth participating in our democracy.”

Lozman, 56, in 2013 won a Supreme Court decision in a related case on whether the floating home he had docked at a Riviera Beach marina qualified as a vessel or a dwelling, like a home on land. The justices decided then that not everything that floats is a boat.

The latest legal battle centers on whether police can use probable cause to defeat a claim under the First Amendment that an arrest was made for retaliation or to stifle a person’s right to speak. Numerous First Amendment and media organizations, including The Associated Press, have filed “friend-of-the-court” briefs supporting Lozman’s position.

One of his attorneys, Kerri L. Barsh of the Stanford Law School Supreme Court Litigation Clinic, said the court’s decision will have impact on much of society, from people who march in protests to journalists trying to cover controversial events involving law enforcement.

“The ruling in this case will have broad implications in how governments balance probable cause for an arrest with free speech rights,” Barsh said. “The inability to engage in protected speech without retaliation has a chilling effect on citizens’ constitutional rights to criticize their government and engage in other protected expression.”

“The probable cause element permits officers to make arrests in such circumstances without fear of having to later litigate whether their real motivation was preventing a massacre or punishing speech,” the city’s attorneys argue in court papers.

Lozman was arrested at the 2006 city council meeting as he was speaking critically about government corruption, part of his opposition to a then-planned redevelopment at a marina where he had a floating home. Lozman was never brought to trial on the charges; prosecutors dropped them after concluding there was no possibility of a conviction.

After Lozman sued for retaliatory arrest, a jury sided with the city after a trial and an appeals court upheld that verdict. Lozman, however, took the case to the Supreme Court, arguing in part that U.S. appeals courts across the country are split on the issue of probable cause arrests versus free speech. Last November the high court took the case.

The Supreme Court’s 2013 ruling on Lozman’s floating home, which was seized and destroyed by Rivera Beach, was seen by legal experts as an important precedent in maritime law for thousands of people who make their homes on the water as well as floating businesses such as casinos. Different laws apply to vessels and homes, with homeowners receiving more protection from seizure in Florida and other states.

The latest case will be the culmination of Lozman’s 12-year, costly fight against city hall. The former U.S. Marine Corps officer and wealthy financial trader said he simply refused to back down.

“The city initiated the eviction action. I defended it. It’s not like I’m looking to get in these fights,” Lozman said. “The city brought the fight to me. They just ran into a guy who is not going to run and hide in a corner, but is going to fight back.” source


Facts of the case

Fane Lozman was a resident of the City of Riviera Beach (the “City”), where he was a vocal critic of the City’s plan to utilize eminent domain to redevelop the Riviera Beach Marina. After the redevelopment plan was approved, Lozman filed suit against the City under the Florida Sunshine Law, seeking to invalidate the City’s approval of the plan due to insufficient public notice for the emergency meeting during which the plan had been approved. The city council met in a closed session to discuss the lawsuit, and the meeting transcript seemed to reflect councilmembers suggesting that the City should employ intimidation tactics in fighting Lozman’s claim.

On November 15, 2006, Lozman attended a regularly scheduled city council meeting and was granted permission to speak during the non-agenda public comment portion of the meeting. When it was his turn to speak, he attempted to begin discussing corruption in local government, and a councilmember instructed him to discontinue his comments on that topic. Lozman repeatedly ignored the councilmember’s instructions, and she ultimately instructed a City police officer to arrest Lozman.

Lozman was charged with, inter alia, disturbing a lawful assembly. The prosecuting attorney concluded that there was probable cause for the arrest, but dismissed the charges on the grounds that successful prosecution was unlikely.

In February 2008, Lozman filed suit against the City under 42 U.S.C. § 1983 on the grounds that the City had arrested him at the city council meeting in retaliation for his opposition to the redevelopment plan. He alleged (1) retaliation by false arrest under the First Amendment, (2) unreasonable seizure under the Fourth Amendment, and (3) common law false arrest. The case went to trial in November 2014 with Lozman appearing pro se. The jury found in favor of the City on all claims. Lozman filed a motion for a new trial, which the district court denied.

On appeal, Lozman argued that the district court erred in denying his motion for a new trial because the jury’s finding of probable cause on the charge of disturbing a lawful assembly was against the great weight of the evidence. The Eleventh Circuit rejected this contention in light of the evidence presented at trial. It further explained that under its own precedent, a finding of probable cause bars a claim for false arrest under the First Amendment, the Fourth Amendment, and state law.

The Eleventh Circuit also rejected Lozman’s challenge to the district court’s instruction on retaliatory animus, stating that any error the instruction may have contained was harmless because the jury’s probable cause finding defeated Lozman’s retaliatory arrest claim as a matter of law. The appeals court also rejected Lozman’s challenge to the lower court’s jury instructions regarding the City’s authority to limit public comment during city council meetings. The Supreme Court’s grant of certiorari did not include these two issues.

Question

Does the establishment of probable cause defeat a claim of retaliatory-arrest under the First Amendment as a matter of law?

Conclusion

Ruling 8-1, the Court vacated and remanded, holding that the existence of probable cause for Lozman’s arrest for disrupting a city council meeting did not bar his First Amendment retaliatory arrest claim under the circumstances of this case.

In an opinion authored by Justice Kennedy, the Court explained that its holding in this case was narrow. Lozman had conceded that probable cause for his arrest existed, but claimed that his arrest was in retaliation for his earlier protected speech, which took the form of an open-meetings lawsuit and public criticisms of city officials. However, the parties disagreed as to what standard should govern the allegations of retaliatory arrest. Lozman argued that the applicable precedent was Mt. Healthy City Bd. of Ed. v. Doyle, 429 U.S. 274 (1977), a civil case in which a teacher alleged retaliatory employment action in violation of his First Amendment rights, and the Court held that the employer could not be liable unless the alleged constitutional violation was a but-for cause of the employment termination. The City argued that Mt. Healthy should not provide the sole standard in this case, and that instead Hartman v. Moore, 547 U.S. 250 (2006), a criminal case which held that a plaintiff alleging retaliatory prosecution must show the absence of probable cause for the underlying criminal charge, should govern the case. But the Court responded that the question of what precedent applied to this issue need not be decided in a broad sense given that the facts of this case were so unusual in the retaliatory arrest context.

Indeed, Lozman did not sue the officer who made the arrest, and likely could not have succeeded on a retaliatory arrest claim against him as the officer seemed to have acted in good faith, and there was no indication that he had any knowledge of Lozman’s prior lawsuit or criticisms of the local government. Instead, Lozman alleged that city officials had implemented an official policy of intimidation against him due to his lawsuit and public statements criticizing them, and that their premeditated plan culminated in his arrest at the city council meeting. Further, in order for the city to be subject to liability under § 1983, Lozman would need to prove that he suffered harm as a result of an “official municipal policy,” distinguishing his claim from most cases alleging retaliatory arrest, which often involve on-the-spot judgements by individual police officers.

Given the uniqueness of this case in the retaliatory arrest context, along with the core First Amendment values at stake, the Court held that Lozman did not need to prove the absence of probable cause to maintain his retaliatory arrest claim. The Court also concluded that Mt. Healthy was the proper standard for assessing the retaliatory arrest claim on remand under these particular facts, but declined to address the requirements for proving such a claim in other contexts. The Court vacated the Eleventh Circuit’s ruling and remanded the case for further proceedings.

Justice Thomas filed a dissenting opinion. source

 

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9.3 Section 1983 Claim Against Defendant as (Individuals)14th Amendment this CODE PROTECT$ all US CITIZEN$

Amdt5.4.5.6.2 – Parental and Children’s Rights“> – 5th Amendment this CODE PROTECT$ all US CITIZEN$

9.32 Interference with Parent / Child Relationship – 14th Amendment this CODE PROTECT$ all US CITIZEN$

California Civil Code Section 52.1The Bane ActInterference with exercise or enjoyment of individual rights

Parent’s Rights & Children’s Bill of Rights
SCOTUS RULINGS FOR YOUR PARENT RIGHTS

SEARCH of our site for all articles relating for PARENTS RIGHTS Help!

Child’s Best Interest in Custody Cases

Are You From Out of State (California)?  FL-105 GC-120(A)
Declaration Under Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA)

Learn More:Family Law Appeal

Necessity Defense in Criminal Cases

Can You Transfer Your Case to Another County or State With Family Law? – Challenges to Jurisdiction

Venue in Family Law Proceedings


GRANDPARENT CASE LAW 

Do Grandparents Have Visitation Rights? If there is an Established Relationship then Yes

Third “PRESUMED PARENT” Family Code 7612(C)Requires Established Relationship Required

Cal State Bar PDF to read about Three Parent Law
The State Bar of California family law news issue4 2017 vol. 39, no. 4.pdf

Distinguishing Request for Custody from Request for Visitation

Troxel v. Granville, 530 U.S. 57 (2000)Grandparents – 14th Amendment

S.F. Human Servs. Agency v. Christine C. (In re Caden C.)

9.32 Particular RightsFourteenth AmendmentInterference with Parent / Child Relationship

Child’s Best Interest in Custody Cases

When is a Joinder in a Family Law Case Appropriate?Reason for Joinder

Joinder In Family Law CasesCRC Rule 5.24

GrandParents Rights To Visit
Family Law Packet OC Resource Center
Family Law Packet SB Resource Center

Motion to vacate an adverse judgment

Mandatory Joinder vs Permissive Joinder – Compulsory vs Dismissive Joinder

When is a Joinder in a Family Law Case Appropriate?

Kyle O. v. Donald R. (2000) 85 Cal.App.4th 848

Punsly v. Ho (2001) 87 Cal.App.4th 1099

Zauseta v. Zauseta (2002) 102 Cal.App.4th 1242

S.F. Human Servs. Agency v. Christine C. (In re Caden C.)

Ian J. v. Peter M

Family Treatment Court Best Practice Standards

Download Here this Recommended Citation


Sanctions and Attorney Fee Recovery for Bad Actors

FAM § 3027.1 – Attorney’s Fees and Sanctions For False Child Abuse AllegationsFamily Code 3027.1 – Click Here

FAM § 271 – Awarding Attorney Fees– Family Code 271 Family Court Sanction Click Here

Awarding Discovery Based Sanctions in Family Law Cases – Click Here

FAM § 2030 – Bringing Fairness & Fee RecoveryClick Here

Zamos v. StroudDistrict Attorney Liable for Bad Faith ActionClick Here

Malicious Use of Vexatious Litigant – Vexatious Litigant Order Reversed


 Epic Criminal / Civil Right$ SCOTUS Help Click Here

At issue in Rosenfeld v. New Jersey (1972) was whether a conviction under state law prohibiting profane language in a public place violated a man's First Amendment's protection of free speech. The Supreme Court vacated the man's conviction and remanded the case for reconsideration in light of its recent rulings about fighting words. The man had used profane language at a public school board meeting. (Illustration via Pixabay, public domain) Epic Parents SCOTUS Ruling Parental Right$ Help Click Here

Judge’s & Prosecutor’s Jurisdiction– SCOTUS RULINGS on

Prosecutional Misconduct – SCOTUS Rulings re: Prosecutors


Please take time to learn new UPCOMING 

The PROPOSED Parental Rights Amendment
to the US CONSTITUTION Click Here to visit their site

The proposed Parental Rights Amendment will specifically add parental rights in the text of the U.S. Constitution, protecting these rights for both current and future generations.

The Parental Rights Amendment is currently in the U.S. Senate, and is being introduced in the U.S. House.


 

God leaves NO CHILD LEFT BEHIND, it’s the child who refuses to return to his Father!

Our Father is always available, never drunk, never lies, never allows any harm to his children… (a perfect father, hence the name God, the creator)
the harm that one may perceive is not harm but an awakening, if you join with him by asking for his help
pray with good intent in your heart, believe like you once believed in Santa! That means NO DOUBT, 100% PURE TRUST in him!
He never lies, He will deliver! God, through Jesus and only him will give you what you need when you need it!

 

Gospel Mt 11:28-30

Jesus said to the crowds:

“Come to me, all you who labor and are burdened,
and I will give you rest.
Take my yoke upon you and learn from me,
for I am meek and humble of heart;
and you will find rest for yourselves.
For my yoke is easy, and my burden light.”

Trust God!

He Lives in Those Whom Invite Their Father In

Nothing Formed Against You Shall Prosper !