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Casmir Thornberry Publishes Article in “For the Defense”

Casmir Thornberry, an Associate in the firm’s Government Practice and Civil Litigation practice groups, published an article in the summer issue of For the Defense, the national publication of the Defense Research Institute (“DRI”). DRI is the largest international membership organization of defense attorneys tasked with defending the interests of businesses, agencies, governments, and individuals in civil litigation.  The article, titled “From Protest to Arrest: Navigating First Amendment Retaliatory Arrest Claims critically examines the legal intricacies surrounding First Amendment retaliatory arrest claims, a topic of significant relevance given the current climate of widespread political activism and public protests. His analysis delves into the landmark case law shaping this area, including the pivotal Supreme Court decision in Nieves v. Bartlett, which established that the presence of probable cause generally defeats a retaliatory arrest claim.

In his commentary, Thornberry underscores the potential implications of the recent Supreme Court decision in Gonzalez v. Trevino, which will reshape the application of the probable cause exception established in Nieves. He emphasizes the importance of understanding the complex interplay between civil rights and law enforcement duties, offering defense attorneys strategic insights into navigating these challenging cases. Thornberry’s detailed examination provides a crucial resource for legal practitioners, helping them to effectively defend against First Amendment retaliatory arrest claims by leveraging established legal standards and emerging judicial interpretations.

A full copy of the published text can be found here.

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