United States Ninth Circuit

In a Bivens action claiming that Defendant Secret Service agents violated plaintiffs' First Amendment rights when they ordered the relocation of a demonstration, denial of defendants' motion to dismiss based on qualified immunity is reversed where the bald allegation of impermissible motive on the agents' part, standing alone, was conclusory and was therefore not entitled to an assumption of truth.

Appellate Information

• Argued 10/24/2008
• Decided 07/16/2009
• Published 07/16/2009

Judges

• TASHIMA, Circuit Judge:, Before:  A. WALLACE TASHIMA and MILAN D. SMITH, JR., Circuit Judges, and GEORGE H. WU, District Judge.

Court

• United States Ninth Circuit

Counsel

• For Appellees:
  
• Edward Himmelfarb, U.S. Department of Justice, Civil Division, Washington, D.C., for the defendants-appellants., Steven M. Wilker, Tonkon Torp LLP, Portland, OR, for plaintiffs-appellees.