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
Famous quotes containing the words opinion and/or court:
“It is most important that we should keep in this country a certain leisured class.... I am of the opinion of the ancient Jewish book which says “there is no wisdom without leisure.””
—William Butler Yeats (1865–1939)
“The city is recruited from the country. In the year 1805, it is said, every legitimate monarch in Europe was imbecile. The city would have died out, rotted, and exploded, long ago, but that it was reinforced from the fields. It is only country which came to town day before yesterday, that is city and court today.”
—Ralph Waldo Emerson (1803–1882)