Jan. 12, 2024

Eighth Circuit Narrows the Nieves Exception for First Amendment Retaliation Claims

In Murphy v. Schmitt, Officer Michael Schmitt stopped Mason Murphy for walking on the wrong side of the highway.  Murphy refused to identify himself, and the two men argued for several minutes before Schmitt arrested Murphy for failing to identify himself.  Murphy argued that he was arrested in retaliation for exercising his First Amendment right to freedom of speech in a suit for First Amendment retaliation and unlawful detention.  The district court granted Schmitt’s motion to dismiss based on qualified immunity, and Murphy appealed to the Eighth Circuit. In a majority decision, the Eighth Circuit affirmed the district court’s decision.