United States Eleventh Circuit

In an action alleging violations of plaintiffs' First and Fourth Amendment rights during a demonstration held in November 2003 outside the Free Trade Area of the Americas (the "FTAA) meeting in Miami, the denial of summary judgment based on qualified immunity on plaintiffs' First Amendment claims against certain defendants is affirmed where plaintiffs satisfied the heightened pleading requirement for a 42 U.S.C. section 1983 claim under a supervisory liability theory by alleging a causal connection established by facts that supported an inference that defendants directed subordinate officers to act unlawfully. However, a denial of summary judgment on First Amendment claims against another defendant is reversed where the protesters failed to allege that defendant violated their First Amendment rights in his supervisory capacity by failing to stop the subordinate officers from using less than lethal weapons to disperse a crowd of peaceful demonstrators because defendant was merely present, and could not contravene the orders directing such unlawful activity given by the police chief.

Appellate Information

• Decided 03/02/2010
• Published 03/02/2010

Judges

Court

• United States Eleventh Circuit

Counsel