United States Sixth Circuit

In a 42 U.S.C. section 1983 suit alleging violations of pro-life advocate-plaintiff's constitutional rights and asserting various state law claims arising from encounters with Cincinnati police outside an abortion clinic, dismissal of the claims is reversed and remanded where: 1) the district court erred in dismissing Fourth Amendment claims as defendants could not have had probable cause for an arrest as they could not have reasonably concluded that plaintiff knowingly entered the abortion clinic's property without privilege, and plaintiff's rights were clearly established; 2) viewing the allegations in the light most favorable to plaintiff, the district court erred in dismissing First Amendment claims as plaintiff alleged officers arrested him for the content of his speech; and 3) for related reasons, state law claims were erroneously dismissed.

Appellate Information

• Decided 07/06/2007
• Published 07/06/2007

Judges

• Before:  SUHRHEINRICH, CLAY, and ROGERS, Circuit Judges.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Thomas W. Condit, Cincinnati, Ohio, for Appellant.   Richard Ganulin, City Solicitor's Office for the City of Cincinnati, Cincinnati, Ohio, for Appellees.   ON BRIEF:  Thomas W. Condit, Cincinnati, Ohio, for Appellant.  Richard Ganulin, City Solicitor's Office for the City of Cincinnati, Cincinnati, Ohio, for Appellees.