First Amendment retaliation investigations

The First Amendment protects the right to criticize government officials, to protest, to gather news, and, as most federal appeals courts have recognized, to record police officers performing their duties in public. A retaliation claim requires proof that protected activity was the reason for the official's action. Under Nieves v. Bartlett (2019), a retaliatory arrest claim usually requires showing there was no probable cause, or that others who did the same thing without speaking out were not arrested.

What an investigation looks for

• What the person said or recorded, and the official's reaction, as captured on video
• How the same officials treated others who did the same thing without the protected activity
• Statements by officials revealing their motive
• The timing between the protected activity and the action taken

How these cases are investigated

In First Amendment retaliation cases, the work most often involves video and digital evidence recovery, witness location and interviews, public records requests, and pattern and practice evidence. What a particular case needs depends on what evidence already exists and what is at risk of being lost.

Nationwide, and civil rights only

Civil Rights PI works only on civil rights matters, including First Amendment retaliation cases, and accepts investigations in every state. Findings are delivered in a written report, with the source of every fact, for use by you and your attorney.