United States Ninth Circuit

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Moss v. US Secret Service, 10-36152

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 U.S.C. 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. (Amended Opinion)

Appellate Information

  • Decided 02/26/2013
  • Published 02/26/2013




  • United States Ninth Circuit