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Politics : The Judiciary
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From: TimF2/11/2022 10:04:11 AM
   of 817
 
Wood v. Eubanks, No. 20-3599 (6th Cir. 2022)
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Justia Opinion Summary

Wood wore a shirt bearing the words “Fuck the Police” to the county fair. According to Wood, police officers ordered him to leave and escorted him from the fairgrounds because of his shirt. While leaving, Wood made several coarse insults directed to the police and the fairground’s administrator. The officers then arrested Wood for disorderly conduct. After the charges were dismissed, Wood filed a 42 U.S.C. 1983 action against the officers, alleging false arrest and retaliation. The district court granted the defendants summary judgment, citing qualified immunity on the false arrest claim and insufficient evidence of retaliation.

The Sixth Circuit reversed. Wood’s speech was protected by the First Amendment. With respect to the retaliation claim, the court held that a reasonable jury could conclude the officers were motivated to surround Wood and require him to leave in part because of his shirt. While Wood’s speech was profane, the circumstances did not create a situation where violence was likely to result. Neither proximity nor Wood’s demeanor and volume provided probable cause for arrest. Because there was no probable cause to arrest Wood for disorderly conduct, and because Wood’s right to be free from arrest was clearly established, the officers are not entitled to qualified immunity.

law.justia.com
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