Weed v. Jenkins, No. 16-3629 (8th Cir. 2017)
Annotate this CaseThe Eighth Circuit affirmed the district court's grant of summary judgment to defendants in an action alleging that plaintiff was arrested in violation of his First and Fourth Amendment rights, as well as the statute authorizing the arrest. Plaintiff was participating in a highway overpass protest when he was arrested for not following a state trooper's orders to disperse from a crowd. The court held that qualified immunity protected State Trooper Jenkins from First Amendment damages because he had no reason to know, based on preexisting law, that his order was unlawful; qualified immunity also protected Jenkins from the Fourth Amendment damages claim; the statute authorizing arrest, 43.170 RSMo, did not violate the First Amendment by being overbroad; 43.170 RSMo was not unconstitutional as applied to plaintiff nor on its face for being unconstitutionally vague; and plaintiff presented no facts to support his request for an injunction and declaratory relief.
Court Description: Benton, Author, with Colloton, Circuit Judge, and Gerrard, District Judge] Civil case - Civil rights. The defendant Missouri State Trooper could reasonably interpret a municipal ordinance to forbid overpass protests that hinder or impede traffic; the ordinance authorized defendant to issue a proper order to disperse, and the doctrine of qualified immunity protected defendant from First Amendment damages because he had no reason to know, based on preexisting law, that his order to plaintiff was unlawful; plaintiff disobeyed a lawful order to disperse and the defendant had probable cause to arrest him under Missouri law; constitutional challenges to Mo. Rev. Stat. Section 43.170 rejected.
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