United States First Circuit

In an action alleging that plaintiff was arrested and charged with wiretapping in retaliation for attempting to film defendant-officer as he was conducting a late-night traffic stop, the district court's order denying defendant-officers qualified immunity on plaintiff's retaliatory prosecution claim is affirmed, where, based on plaintiff's version of the facts, she was exercising a clearly established First Amendment right when she attempted to film the traffic stop in the absence of a police order to stop filming or leave the area.

Appellate Information

• Decided 05/23/2014
• Published 05/23/2014

Judges

• LIPEZ

Court

• United States First Circuit

Counsel