Bailey v. Iles, No. 22-30509 (5th Cir. 2023)
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Plaintiff filed suit under 42 U.S.C. Section 1983, alleging violations of his First and Fourth Amendment rights when he was arrested as a terrorist for a post on Facebook. The district court granted Detective Randall Iles and Sheriff Mark Wood’s motion for summary judgment on qualified immunity grounds and dismissed Bailey’s claims with prejudice.
The Fifth Circuit reversed. The court held that the district court erred in concluding that Plaintiff’s Facebook was constitutionally unprotected; erred in granting qualified immunity to Defendant on Plaintiff’s Fourth and First Amendment claims; and erred in granting summary judgment to Defendants on Plaintiff’s state law false arrest claim. Therefore, the court reversed the district court’s grant of summary judgment to Defendants and remanded for further proceedings. The court explained that Plaintiff has shown that Defendant is not entitled to qualified immunity as to the First Amendment claim. Based on decades of Supreme Court precedent, it was clearly established that Plaintiff’s Facebook post did not fit within one of the narrow categories of unprotected speech, like incitement or true threats. Thus, when Defendant arrested Plaintiff he violated Plaintiff’s clearly established First Amendment right to engage in speech even when some listeners consider the speech offensive, upsetting, immature, in poor taste, or even dangerous.
This opinion or order relates to an opinion or order originally issued on August 25, 2023.
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