Opinion of The Court
Writing for a five justice majority, Justice David Souter delivered the Court's ruling that the plaintiff in a Bivens action for retaliatory prosecution must allege and prove the lack of probable cause for pressing the underlying criminal charges. Justice Ruth Bader Ginsburg filed a dissent, which was joined by Justice Stephen Breyer.
Two justices did not participate in the case. Justice Samuel Alito was confirmed to the Court on January 31, 2006, twenty-one days after it heard oral argument. Chief Justice John Roberts was recused from the case because as a judge on the D.C. Circuit Court of Appeals, he had participated in that court's January 31, 2005 decision to deny the inspectors' motion for rehearing en banc.
Read more about this topic: Hartman V. Moore
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