DISCLAIMER: The following unofficial case summaries are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
062130P.pdf 03/28/2007 Charles E. Williams v. Carl Junction, Mo.
U.S. Court of Appeals Case No: 06-2130
U.S. District Court for the Western District of Missouri - Joplin
[PUBLISHED] [Bowman. Author, with Gruender and John R. Gibson,
Circuit Judges]
Civil case - Civil rights. Rule announced in Hartmann v. Moore, 126
S. Ct. 1695 (2006) holding that a plaintiff asserting a Section 1983 claim
that he was prosecuted for exercising his First Amendment rights must
plead and prove a lack of probable cause for the underlying charges in
order to sustain his First Amendment retaliation claim applied to
plaintiff's claims, and the district court did not err in granting defendants
summary judgment as plaintiff had failed to show that the police and
code-enforcement officers who issued the citations in question lacked
probable cause to do so.