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Fane Lozman wins second U.S. Supreme Court case against Riviera Beach

Posted at 10:34 AM, Jun 18, 2018
and last updated 2018-06-18 14:28:29-04

Not many people have their case heard before the U.S. Supreme Court. 

Even fewer can say that they won their cases. 

But Riviera Beach resident Fane Lozman is now among a small minority of people who have won twice

On Monday the Supreme Court announced they sided with Lozman 8-1. Justice Clarence Thomas was the only one dissenting. 

A win for Lozman means a loss for Riviera Beach. Lozman had sued the city over a free speech incident that started in 2006.

During a city council meeting, Lozman had only taken the podium for a few moments before then city council Member Elizabeth Wade ordered him to stop talking and eventually asked an officer to carry Lozman out of the room. 

A U.S. District Court rejected Lozman's claim that his arrest was a violation of his First Amendment rights. 

Twelve years after the incident, Lozman's case made it all the way to the U.S. Supreme Court. 

In June, when the justices heard the case, Chief Justice John Roberts said he found the video of Lozman being arrested at the city council meeting "chilling".

Monday's decision means the U.S. Supreme Court is sending Lozman's case back to the appeal's court to review the 2015 jury decision that said city officials had not retaliated against Lozman for speaking out. 

But a win in the nation's highest court does not mean Lozman will win his original lawsuit. 

“This is not to say, of course, that Lozman is ultimately entitled to relief or even a new trial,” Justice Anthony Kennedy wrote.

Lozman's first win at the U.S. Supreme Court was when the high court ruled Riviera Beach should not have seized his floating home.