Moore, Jr., et al. v. Hartman, et al., No. 10-5334 (D.C. Cir. 2011)
Annotate this CaseAppellee alleged that six U.S. Postal Inspectors wrongly caused him to be criminally prosecuted in retaliation for his public criticism of the United States Postal Service (USPS) and its personnel. The Postal Inspectors appealed the district court's qualified immunity, on appellee's claim of retaliatory inducement to prosecution in violation of his right to free speech under the First Amendment. Insofar as the appeal challenged the district court's determination that there were genuine issues of material fact, the court dismissed it for lack of jurisdiction. Insofar as the district court declined to find the Postal Inspectors protected by qualified immunity based on "arguable probable cause," the court affirmed. Accordingly, the court remanded to the district court for trial on the merits.
The court issued a subsequent related opinion or order on January 15, 2013.
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