Glik v. Cunniffe, No. 10-1764 (1st Cir. 2011)Annotate this Case
Plaintiff was arrested for using his cell phone camera to film police officers arresting a man on the Boston Common. Charges included violation of the Massachusetts wiretap statute and two other state-law offenses, were subsequently dismissed. Plaintiff's suit under 42 U.S.C. 1983, claiming violation of the First and Fourth Amendments, the district court denied the officers qualified immunity. The First Circuit affirmed. Plaintiff was exercising clearly-established First Amendment rights in filming the officers in a public place and his clearly-established Fourth Amendment rights were violated by his arrest without probable cause.