Cases & Deals

Bivens Plaintiff obtains reinstatement of favorable panel opinion following remand by Supreme Court

Clients Moore, William G, Jr.

After a remand for reconsideration by the U.S. Supreme Court, a panel of the U.S. Court of Appeals for the District of Columbia reaffirmed its prior opinion in favor of Jones Day's client, William G. Moore, Jr. The D.C. Circuit had earlier held that the defendant officials of the U.S. Postal Service were not entitled to qualified immunity on Moore's claim that they had induced his baseless prosecution in retaliation for criticism of the agency, which was protected speech under the First Amendment. The Supreme Court directed the panel to reconsider that ruling in light of an intervening decision on a related matter. After supplemental briefing and oral argument, the panel agreed with Jones Day that the intervening decision did not undermine its prior opinion, that the defendants were still not entitled to immunity, and that the claim should therefore be remanded for trial.

William G. Moore, Jr. v. Michael Hartman, et al., No. 10-5334 (D.C. Cir.)