United States Third Circuit

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Kelly v. Carlisle, 09-2644

In plaintiff's civil rights suit claiming that his First and Fourth Amendment rights were violated when he was arrested for filming a police officer during a traffic stop, district court's grant of summary judgment in favor of the police officer and the Borough of Carlisle is affirmed in part, vacated in part and remanded where: 1) district court's grant of summary judgment in granting qualified immunity to the officer on plaintiff's Fourth Amendment claims is vacated and remanded because the district court did not consider the facts in the light most favorable to plaintiff, did not evaluate the objective reasonableness of the officer's decision to rely on the prosecutor's advice in light of those facts, and did not evaluate sufficiently the state of Pennsylvania law at the relevant time; 2) the right to videotape police officers during traffic stops was not clearly established and the officer was entitled to qualified immunity on plaintiff's First Amendment claim; and 3) district court's summary judgment in favor of the Borough of Carlisle is affirmed.

Appellate Information

  • Argued 02/01/2010
  • Decided 10/04/2010
  • Published 10/04/2010

Judges

  • <a href="http://pview.findlaw.com/view/2176507_1">HARDIMAN</a>

Court

  • United States Third Circuit

Counsel

  • For Appellant:
  • <a href="http://pview.findlaw.com/view/1514934_1">Dennis E. Boyle</a>, David J. MacMain