Lozman v. City of Riviera Beach, Florida - Post-Argument SCOTUScast

On February 27, 2018, the Supreme Court heard argument in Lozman v. City of Riviera Beach, Florida, a case involving a First Amendment retaliatory arrest claim. 

Fane Lozman moved to Riviera Beach, Florida in 2006, where he lived on a floating home in the Riviera Beach Marina. Shorty after moving to Riviera Beach, Lozman learned of the City’s new redevelopment plan for the Marina, which, by using eminent domain, sought to revitalize the waterfront. Lozman, who opposed this plan, became known as an “outspoken critic.” During the finalization of the redevelopment plan, the state legislature passed a bill prohibiting the use of eminent domain for private development; however, in order to push through the plan, the Riviera Beach City Council held a special emergency meeting the day before the Governor signed the bill into law. In response, Lozman filed suit against the City in June 2006. 

At a City Council regular public session in November 2006, Lozman was granted permission to speak during the “non-agenda” public comments portion of the meeting. Lozman’s comments were interrupted by a member of the City Council, who, after a quick interchange with Lozman, called a city police officer to dismiss Lozman from the podium. Lozman refused to be seated without finishing his comments, and the police officer warned him that he would be arrested if he did not comply. Lozman continued his comments, was arrested, and was charged with disorderly conduct and resisting arrest without violence. These charges were later dismissed.

In 2008, Lozman filed suit in district court against the City of Riviera Beach, arguing that his arrest had constituted unlawful retaliation by the City because of Lozman’s earlier opposition to the redevelopment plan.  A jury found in favor of the City, however, and the U.S. Court of Appeals for the Eleventh Circuit affirmed that judgment.  The jury’s determination that the arrest had been supported by probable cause, the court concluded, defeated Lozman’s First Amendment retaliatory arrest claim as a matter of law.  The federal circuit courts of appeals have divided on that issue, however, and the Supreme Court subsequently granted certiorari to address whether the existence of probable cause defeats a First Amendment retaliatory-arrest claim as a matter of law.

To discuss the case, we have Lisa Soronen, Executive Director of the State & Local Legal Center.