Lozman v. Riviera Beach, 585 U.S. 87

Fane Lozman, a resident in the City-owned marina, repeatedly criticized Riviera Beach officials and sued under Florida open-meetings law.
At a June 2006 closed-door council session, a councilmember suggested using city resources to “intimidate” Lozman; Lozman alleges this formed an official retaliatory policy.
Five months later Lozman spoke during a public-comment period; after refusing to stop, a councilmember told police to “carry him out,” and Lozman was arrested, charged, and later released; the State’s attorney found probable cause but dismissed charges.
Lozman sued the City under 42 U.S.C. §1983 alleging a retaliatory arrest pursuant to an official municipal policy; the jury found for the City.
The Eleventh Circuit affirmed, holding probable cause defeated the First Amendment retaliatory-arrest claim; the Supreme Court granted certiorari on whether probable cause bars such a claim.
The Supreme Court vacated and remanded, holding that where an official municipal policy of retaliation is alleged (and Lozman concedes probable cause), the Mt. Healthy burden-shifting framework—not an absolute probable-cause bar—applies on these facts.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether conceded probable cause for an arrest bars a §1983 First Amendment retaliatory-arrest claim against a municipality	Lozman: Even conceding probable cause, an arrest ordered pursuant to an official municipal policy of retaliation violates the First Amendment; Mt. Healthy applies	City: Probable cause ends the claim; Hartman (and similar reasoning) requires plaintiff to prove lack of probable cause for retaliatory-arrest or -prosecution claims	The Court: In this unique context—alleged premeditated municipal policy to retaliate for protected speech—probable cause does not automatically bar the claim; Mt. Healthy is the proper test here; remand for application of that standard

Monell v. New York City Dept. of Social Servs., 436 U.S. 658 (municipal liability under §1983 requires an official policy or custom)
Mt. Healthy City Bd. of Ed. v. Doyle, 429 U.S. 274 (but-for/ burden-shifting test when protected conduct is alleged to be a motive)
Hartman v. Moore, 547 U.S. 250 (retaliatory-prosecution claims require plaintiff to show absence of probable cause)
Reichle v. Howards, 566 U.S. 658 (discusses causation difficulties in retaliatory-arrest claims)
Lozman v. Riviera Beach, 568 U.S. 115 (prior Supreme Court decision involving the City’s admiralty lawsuit against Lozman)