United States Ninth Circuit

In an action under 42 U.S.C. section 1983 alleging that an Arizona State Senator-defendant violated plaintiff's rights when he ordered plaintiff removed and barred from the Arizona Senate building at the state capital, the district court's judgment is: 1) reversed as to grant of summary judgment in favor of defendant, where although the restrictions on plaintiff were viewpoint neutral, there were material issues of disputed fact concerning whether plaintiff actually disrupted the proceedings, and defendant violated plaintiff's clearly established First Amendment rights; 2) affirmed as to the Fed. R. Civ. P. 12(b)(6) dismissal of claims against police officers on qualified immunity grounds because the officers arrested plaintiff for criminal trespass pursuant to a facially-valid order issued by the Senator; and 3) affirmed where the district court did not abuse its discretion in granting the Senator's motion for a protective order, which prevented plaintiff from questioning him about his acquaintance with a purported white supremacist.

Appellate Information

• Decided 08/18/2015
• Published 08/18/2015

Judges

• Smith

Court

• United States Ninth Circuit

Counsel