United States Eighth Circuit
McDermott v. Royal, 09-3167
In an action claiming that plaintiff suffered First Amendment violations during her arrest and prosecution for obstructing police officers who arrested her son, an injunction in favor of plaintiff against the ordinance at issue is reversed where the terms used in the ordinance -- "obstruct" and "resist" -- covered only physical acts or fighting words and did not give officers unfettered discretion to make arrests for mere words that annoy them.
Appellate Information
- Decided 07/30/2010
- Published 07/30/2010
Judges
- Per Curiam
Court
- United States Eighth Circuit