First Amendment Rights: Plaintiff Talked Himself Into Jail, And The Officer Talked Himself Into A Lawsuit.

In a per curiam opinion, the Ninth Circuit reversed the grant of summary judgment to a police department in Washington and against the plaintiff, who was arrested, and later acquitted of violating a noise ordinance. On the way to the station, the plaintiff asked the officer why he was being arrested, and the officer responded: “The crime you’re going to jail for is the city noise ordinance. A lot of times we tend to cite and release people for that or we give them warnings. However . . . you acted a fool . . . and we have discretion whether we can book or release you. You talked yourself—your mouth and your attitude talked you into jail.” Plaintiff filed an action for civil damages against the police officer under 42 U.S.C. § 1983, alleging he was retaliated against for exercising his First Amendment right to freedom of speech. In reversing, the Ninth Circuit said plaintiff set forth sufficient evidence to demonstrate that the officer’s acts would chill or silence a person of ordinary firmness from future First Amendment activities. Ford v. City of Yakima  (Ninth Cir.; February 8, 2013) (Case No. 11-35319).