Moss, et al. v. U.S. Secret Service, et al., No. 10-36152 (9th Cir. 2012)
Annotate this CaseDuring the 2004 presidential campaign, plaintiffs, anti-Bush protestors, organized a demonstration at a campaign stop in Jacksonville, Oregon. Plaintiffs contended that Secret Service agents engaged in unconstitutional viewpoint discrimination in violation of the First Amendment by requiring that they demonstrate at a distance from the President because they were protesting - rather than supporting - his policies. In addition, plaintiffs maintained that the police officers who carried out the Secret Service agents' directions used excessive force in violation of the Fourth Amendment. The court held that plaintiffs have stated a claim against the Secret Service agents for violation of the First Amendment. Plaintiffs have not, however, pleaded sufficient facts to sustain their Fourth Amendment claim against the police supervisors. Accordingly, the court held that the excessive force claim should be dismissed.
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