Joseph N. Stanley v. Christopher T. Bocock

Summary

The United States Court of Appeals for the Fourth Circuit affirmed dismissal of Joseph N. Stanley’s claims that a Virginia State Police agent conducted retaliatory searches of his Facebook and Gmail accounts in violation of the First and Fourth Amendments. The court held that retaliatory search claims require pleading the absence of probable cause, and concluded that Stanley had not adequately done so or established an applicable exception. The court also affirmed denial of leave to amend as futile.

Holdings

1. A plaintiff asserting a First Amendment-based retaliatory-search claim must plead the absence of probable cause, subject to the narrow objective-evidence exception recognized in retaliatory-arrest cases.
2. Stanley neither adequately pleaded the absence of probable cause nor presented objective evidence sufficient to invoke the narrow exception.
3. A Fourth Amendment retaliatory-search claim also requires the plaintiff to plead the absence of probable cause.
4. The district court properly denied leave to amend because the proposed second amended complaint failed to state a claim and amendment would therefore have been futile.

Questions Presented

1. Whether a plaintiff asserting a First Amendment retaliatory-search claim must plead the absence of probable cause or satisfy an objective-evidence exception.
2. Whether Stanley adequately pleaded the absence of probable cause or facts falling within the objective-evidence exception.
3. Whether a Fourth Amendment retaliatory-search claim likewise requires pleading the absence of probable cause.
4. Whether the district court properly denied leave to file a second amended complaint as futile.

Disposition

affirmed