Review the case of hunter nash in a civil rights

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Reference no: EM133876801

Assignment:

Statement of Assignment: The office has asked me to review the case of Hunter Nash in a civil rights matter regarding the unlawful arrest and the excessive use of force by police officers at a protest that he was attending. Also, to determine the strength and weaknesses of Mr. Nash's case.

Facts: Hunter Nash is an independent journalist who is also has a popular blog and YouTube channel. Hunter Nash was live streaming a large political protest in O'Fallon, Missouri and he was caught up in a "kettling" incident when lines of heavily armed police in fully riot gear that surrounded protesters and corralled them into an intersection. Also, more than 150 people, including Nash, were held in that location while police processed arrests and then transported individuals to headquarters. During this time, one officer violently wrenched Nash's arm behind his back to stop him from recording the events with his cell phone. When Mr. Nash protested and asserted his status as a journalist, he was zip tied, sprayed with pepper spray and forced to sit on the pavement with other detainees for several hours.

Synopsis

Background: Arrestee brought suit under § 1983, claiming that his arrest for filming police officers arresting a young man constituted a violation of his rights under the First and Fourth Amendments. The United States District Court for the District of Massachusetts, William G. Young, J., denied officers qualified immunity on arrestee's constitutional claims, and officers appealed.

Holdings: The Court of Appeals, Lipez, Circuit Judge, held that:

1. officers were not entitled to qualified immunity on First Amendment claim, and

2. officers were not entitled to qualified immunity on arrestee's Fourth Amendment claim.

Affirmed.

Procedural Posture(s): On Appeal; Motion to Dismiss for Failure to State a Claim.

Does anyone have the right to record police officers during a protest/public setting?

Reference no: EM133876801

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