Plent of fish dating
Turner was video recording a Fort Worth police station from a public sidewalk across the street.
Two officers approached and asked him for identification.
Turner filed suit against all three officers and the City of Fort Worth under 42 U. The district court granted each officers' motion to dismiss based on qualified immunity.
The Circuit affirmed on the First Amendment question, holding that in light of the absence of controlling authority and the dearth of even persuasive authority, there was no clearly established First Amendment right to record the police at the time of Turner's activities.
However, there was no probable cause to arrest him, so officers are denied qualified immunity on that issue.
One judge dissented on that issue, noting that extending an investigative detention because the detained individual “asked for a supervisor to come to the scene,” is not clearly established as a violation., filed 01/04/17).
Most of the opinion deals with whether the district judge should have recused himself., filed 07/07/17).
Reversing the lower court which had found that recording police arrests was not, without more, an adequately expressive activity to garner First Amendment protection, the Third Circuit has explicitly found such activity to be protected; however, that right was not clearly established in the Circuit in 2013, requiring qualified immunity for the police officers who interfered with photographers. sections14-202.5(a) and (e), is reversed where the North Carolina statute impermissibly restricts lawful speech in violation of the First Amendment.
Ultimately, the court held the policy does not impose a substantial burden on Appellants’ right to use a firearm for the purpose of lawful self-defense. The incident was live-streamed on Facebook and later posted on You Tube. UPS -SCS fired Holly after he moved his lawfully possessed handgun from his own car to a coworker's car while Holly's car was in the shop.
The district court disagreed and granted the defendants summary judgment.
The Circuit affirmed, but didn't analyze the First Amendment issue.
However, for future cases, there is a First Amendment right to record the police, subject only to reasonable time, place, and manner restrictions.
On Turner's pre-handcuffing Fourth Amendment claim, the officers are entitled to qualified immunity because there was reasonable suspicion to detain him.Nevertheless, we also find it prudent to rule that — even if the banned assault weapons and large-capacity magazines are somehow entitled to Second Amendment protection — the district court properly subjected the FSA to intermediate scrutiny and correctly upheld it as constitutional under that standard of review.", filed August 1, 2017)(summary by Fisher Patterson). Starrett was eventually arrested for interference, under local municipal code.