United States Ninth Circuit

In a suit stemming from a protest demonstration against President Bush during the 2004 presidential campaign: 1) the district court's ruling denying the defendant Secret Service agents' motion to dismiss a Bivens claim for viewpoint discrimination is affirmed, where the plaintiffs alleged a plausible First Amendment claim, and the agents were not entitled to qualified immunity; but 2) the district court's denial of the defendant police supervisors' motion to dismiss a 42 USC section 1983 claim is reversed, where the plaintiffs did not allege sufficient facts to support a plausible Fourth Amendment claim against the supervisors for use of excessive force.

Appellate Information

• Decided 04/09/2012
• Published 04/09/2012

Judges

• Berzon

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Cecil Reniche-Smith, Steven Wilker