hartman
et
al
moore
argued
january
decided
april
seeking
convince
postal
service
incorporate
multiline
optical
scanning
technology
company
rei
manufactured
multiline
optical
readers
commenced
extensive
lobbying
campaign
end
postal
service
begrudgingly
embraced
multiline
technology
awarded
lucrative
equipment
contract
competing
firm
subsequently
postal
service
inspectors
investigated
rei
chief
executive
respondent
moore
alleged
involvement
kickback
scandal
alleged
improper
role
search
new
postmaster
general
urged
least
part
inspectors
bring
criminal
charges
federal
prosecutor
tried
rei
top
officials
finding
complete
lack
evidence
connecting
wrongdoing
district
acquitted
defendants
moore
filed
action
bivens
six
unknown
fed
narcotics
agents
federal
prosecutor
petitioner
postal
inspectors
arguing
relevant
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prosecution
retaliation
lobbying
efforts
claims
prosecutor
dismissed
accordance
absolute
immunity
prosecutorial
judgment
ultimately
entire
suit
dismissed
appeals
reinstated
claim
inspectors
back
district
inspectors
moved
summary
judgment
claiming
underlying
criminal
charges
supported
probable
cause
entitled
qualified
immunity
district
denied
motion
appeals
affirmed
held
plaintiff
action
must
plead
show
absence
probable
cause
pressing
underlying
criminal
charges
pp
general
matter
held
first
amendment
prohibits
government
officials
subjecting
individual
retaliatory
actions
including
criminal
prosecutions
speaking
britton
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grounds
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charge
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go
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pp
reversed
remanded
souter
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opinion
stevens
scalia
kennedy
thomas
joined
ginsburg
filed
dissenting
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breyer
joined
roberts
alito
took
part
consideration
decision
case
michael
hartman
frank
kormann
pierce
mcintosh
norman
robbins
robert
edwards
petitioners
william
moore
writ
certiorari
appeals
district
columbia
circuit
april
justice
souter
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opinion
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action
criminal
investigators
inducing
prosecution
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speech
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complaint
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amendment
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charge
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respondent
william
moore
chief
executive
recognition
equipment
rei
manufactured
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optical
character
reader
interpreting
multiple
lines
text
although
rei
received
million
postal
service
develop
technology
reading
sorting
mail
postmaster
general
top
officials
postal
service
urging
mailers
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zip
codes
zip
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line
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allow
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machines
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line
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moore
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technology
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research
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service
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technology
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technology
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scanners
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multiliners
cost
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service
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day
operational
losses
moore
built
opposition
zip
lobbying
members
congress
testifying
congressional
committees
supporting
buy
american
rider
postal
service
appropriations
bill
notwithstanding
alleged
requests
postmaster
general
quiet
rei
followed
agenda
hiring
firm
gnau
associates
gai
one
postal
service
governors
peter
voss
recommended
campaign
succeeded
july
postal
service
made
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correction
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technology
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respondent
change
heart
extend
moore
rei
service
ensuing
order
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equipment
valued
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million
went
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firm
rei
lose
contract
moore
rei
soon
entangled
two
investigations
postal
service
inspectors
first
looked
purported
payment
kickbacks
gai
governor
voss
voss
recommendations
gai
services
case
rei
second
sought
document
rei
possibly
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role
search
new
postmaster
general
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evidence
linking
moore
rei
wrongdoing
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attorney
decided
bring
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charges
grand
jury
indicted
moore
rei
rei
vice
president
close
government
case
six
weeks
trial
however
district
concluded
complete
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direct
evidence
connecting
defendants
criminal
wrongdoing
alleged
granted
rei
defendants
motion
judgment
acquittal
recognition
equip
supp
dc
moore
brought
action
northern
district
texas
civil
liability
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six
unknown
fed
narcotics
agents
prosecutor
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postal
inspectors
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died
complaint
raised
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action
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claim
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inspectors
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prosecution
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service
thus
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first
amendment
course
proceedings
moore
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inspectors
launched
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investigation
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inkling
either
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schemes
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inspectors
targeted
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activities
pressured
attorney
office
indicted
moore
also
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recovery
federal
tort
claims
act
ftca
district
dismissed
claims
assistant
attorney
accordance
absolute
immunity
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judgment
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claim
inspectors
moore
valder
civil
action
nd
claims
remaining
transferred
district
district
columbia
moore
suit
dismissed
entirety
civ
nos
nhj
nhj
wl
appeals
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columbia
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reinstate
claim
moore
valder
district
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inspectors
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valder
civil
action
nhj
et
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district
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kesler
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kormann
pierce
mcintosh
norman
robbins
robert
edwards
petitioners
william
moore
writ
certiorari
appeals
district
columbia
circuit
april
justice
ginsburg
justice
breyer
joins
dissenting
appeals
reviewing
record
far
made
determined
evidence
retaliatory
motive
came
close
proverbial
smoking
gun
cadc
record
also
indicated
postal
inspectors
engaged
unusual
prodding
strenuously
urging
reluctant
attorney
office
press
charges
moore
ibid
following
circuit
precedent
appeals
held
plaintiff
shows
conduct
sheltered
first
amendment
motivating
factor
decision
press
charges
burden
shifts
defending
officials
show
case
pursued
anyway
recognizing
case
directed
instigating
postal
inspectors
alone
prosecutor
assign
plaintiff
burden
pleading
proving
absence
probable
cause
prosecution
instead
agreement
appeals
assign
postal
inspectors
urged
prosecution
burden
showing
retaliatory
motive
importuning
attorney
office
nonetheless
pursued
case
proof
burden
allocation
saddles
plaintiff
alleged
victim
burden
plead
prove
lack
probable
cause
entirely
baseless
prosecutions
checked
long
retaliators
present
evidence
barely
sufficient
establish
probable
cause
persuade
prosecutor
act
thin
information
accomplish
mission
cost
free
victim
hand
incur
costs
entailed
mounting
defense
likely
sustain
reputational
loss
well
neither
loss
compensable
federal
law
circuit
formulation
bivens
six
unknown
fed
narcotics
agents
recovery
remains
possible
rare
cases
strong
motive
evidence
combines
weak
probable
cause
support
finding
investigation
ensuing
prosecution
occurred
defending
officials
retaliatory
animus
situations
likely
rare
seems
warrant
structuring
cause
action
ante
precludes
relief
arise
reasons
fully
developed
circuit
opinion
conclude
full
accord
decision
mt
healthy
city
bd
ed
doyle
appeals
decision
strikes
proper
balance
therefore
affirm
circuit
judgment
footnotes
see
seaberry
durenberger
begins
campaign
zip
code
washington
post
describing
senator
david
durenberger
reference
zip
campaign
mnemonic
plague
contagious
bivens
established
victims
constitutional
violation
federal
agent
right
recover
damages
official
federal
despite
absence
statute
conferring
right
carlson
green
though
limited
respects
relevant
bivens
action
federal
analog
suits
brought
state
officials
rev
stat
see
wilson
layne
see
also
waxman
morrison
kind
immunity
federal
officers
state
criminal
law
supremacy
clause
yale
section
applies
state
local
officers
bivens
inferred
parallel
damages
action
federal
officers
moore
wife
originally
filed
complaint
jointly
claims
dismissed
lack
standing
see
dickens
bleak
house
moore
contends
like
appeals
us
exceed
appellate
jurisdiction
address
issue
probable
cause
see
brief
respondent
argument
mistaken
true
disagreement
requirement
arose
inspectors
motion
summary
judgment
defense
moore
stresses
interlocutory
appeal
taken
rejection
qualified
immunity
stage
questions
turning
definition
violation
sufficiency
evidence
show
defendant
fact
entitled
immunity
claimed
see
mitchell
forsyth
moore
says
issue
probable
cause
absence
simply
evidentiary
matter
going
entitlement
fact
inspectors
making
claim
evidence
case
arguing
hold
showing
probable
cause
element
kind
claim
moore
making
agreeing
inspectors
addressing
requirement
causation
moore
must
plead
prove
order
win
holding
go
beyond
definition
element
tort
directly
implicated
defense
qualified
immunity
properly
us
interlocutory
appeal
see
ibid
see
also
britton
mt
healthy
city
bd
ed
doyle
fact
many
appellate
challenges
brought
second
fifth
eleventh
circuits
require
plaintiffs
show
absence
probable
cause
see
izen
catalina
per
curiam
wood
kesler
keenan
tejeda
singer
fulton
county
sheriff
post
fort
lauderdale
mozzochi
borden
magnotti
kuntz
indeed
even
though
appeals
case
held
plaintiffs
show
absence
probable
cause
order
make
claims
nevertheless
acknowledged
probable
cause
significance
suits
see
cadc
given
probable
cause
ordinarily
suffices
initiate
prosecution
showing
enough
cases
establish
prosecution
occurred
absent
bad
intent
bivens
recovery
remains
possible
however
rare
cases
strong
motive
evidence
combines
weak
probable
cause
support
finding
prosecution
occurred
officials
retaliatory
animus
action
still
brought
prosecutor
conduct
taken
investigatory
capacity
absolute
immunity
extend
see
buckley
fitzsimmons
absolute
immunity
prosecutor
acts
administrative
capacity
burns
reed
absolute
immunity
attach
prosecutor
offers
legal
advice
police
regarding
interrogation
practices
fact
moore
complaint
charged
prosecutor
acting
investigative
well
prosecutorial
capacity
see
app
dismissal
complaint
prosecutor
affirmed
cadc
claim
us
one
claims
simply
conducting
retaliatory
investigation
view
promote
prosecution
constitutional
tort
part
moore
complaint
see
app
whether
expense
adverse
consequences
retaliatory
investigation
ever
justify
recognizing
investigation
distinct
constitutional
violation
us
may
suggest
structure
cause
action
alternative
dispensing
requirement
show
probable
cause
plaintiff
evidence
direct
admission
prosecutor
irrespective
probable
cause
prosecutor
sole
purpose
initiating
criminal
prosecution
acquiesce
inducements
government
agents
harbored
retaliatory
animus
cf
armstrong
leaving
open
question
whether
criminal
defendant
must
satisfy
similarly
situated
requirement
case
direct
admissions
prosecutors
discriminatory
brackets
original
seem
little
like
proposing
retirement
plans
include
possibility
winning
lottery
unambiguous
admissions
successful
inducement
likely
rare
hassles
adequacy
admissions
predictable
result
exemption
requirement
allowed