Anthony Reed v. Doug Lieurance
2017 U.S. App. LEXIS 13272
| 9th Cir. | 2017Background
- On May 23, 2012, Anthony Reed (a volunteer observer for Buffalo Field Campaign) was cited under Mont. Code Ann. § 45-7-302 for “obstructing” an interagency buffalo hazing operation after parking at an observation point near Highway 191; he was threatened with arrest if he did not move.
- Dispute over where Reed parked and what instructions he received: Reed says he moved well away from the planned route and parked on a gravel road uphill; officers contend he failed to follow repeated orders to relocate north or south of blockades.
- State prosecutor voluntarily dismissed the obstruction charge after video and witness declarations; Reed then sued under 42 U.S.C. § 1983 alleging Fourth and First Amendment violations and brought a municipal failure-to-train claim.
- The district court granted summary judgment to defendants on Reed’s Fourth Amendment and failure-to-train claims, excluded Reed’s police-practices expert, denied amendment, and later entered judgment as a matter of law for defendants on Reed’s remaining First Amendment claims after trial.
- The Ninth Circuit reversed: it held there were genuine factual disputes about probable cause and intent precluding summary judgment and qualified-immunity; reversed the sua sponte Rule 12(b)(6) dismissal of the failure-to-train claim for lack of proper notice; found abuse of discretion in excluding the expert; and reversed the Rule 50 judgment as to First Amendment claims for lack of notice and erroneous factfinding. The court dismissed the interlocutory appeal of fees for lack of jurisdiction and remanded for reassignment.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Fourth Amendment (unlawful seizure/obstruction citation) | Reed: citation lacked probable cause because his parking posed little/no risk and he had relocated when asked; officers lacked facts showing a high probability of obstruction or Reed’s specific intent. | Lieurance: had probable cause to cite Reed for obstructing a governmental function and to move him for safety/operational needs. | Reversed summary judgment: genuine disputes of material fact about probable cause and specific intent; qualified immunity unavailable on the record. |
| Failure-to-train (municipal liability) | Reed: County’s training/practices caused unconstitutional policing; expert testimony supports claim. | County: moved for summary judgment; district court dismissed claim under Rule 12(b)(6). | Reversed sua sponte Rule 12 dismissal because court failed to give notice/opportunity to respond; remand to consider on proper standards. |
| Exclusion of police-practices expert | Reed: Chief Longo’s testimony was admissible under Rule 703 to show training standards and departmental practices. | Defendants: challenged relevance and content of the expert report. | Reversed exclusion as abuse of discretion: district court misapplied evidentiary law, relied on manifestly erroneous facts, and should reconsider relevant portions on remand. |
| First Amendment (time, place, manner and retaliation) | Reed: citation and threat chilled protected observation of government activity; no narrowly tailored, content-neutral restriction and limited alternatives. | Defendants: restrictions were reasonable safety/time/place measures; threat to remove Reed was non-retaliatory and justified by urgent need to blockade highway. | Reversed JMOL: district court failed to give notice of grounds for Rule 50 decision and improperly resolved credibility/factual disputes reserved for the jury; First Amendment claims should have been submitted to jury. |
Key Cases Cited
- Rosenbaum v. Washoe County, 663 F.3d 1071 (9th Cir.) (probable cause standard; qualified immunity context)
- Borunda v. Richmond, 885 F.2d 1384 (9th Cir.) (arrest without probable cause gives rise to § 1983 claim)
- City of Kalispell v. Cameron, 46 P.3d 46 (Mont. 2002) (Montana obstruction requires high probability of impeding official duty)
- Pearson v. Callahan, 555 U.S. 223 (U.S. 2009) (qualified immunity framework)
- Ward v. Rock Against Racism, 491 U.S. 781 (U.S. 1989) (time, place, manner test for public forums)
- Reeves v. Sanderson Plumbing Prods., 530 U.S. 133 (U.S. 2000) (Rule 50 standard mirrors summary judgment review)
- Easyriders Freedom F.I.G.H.T. v. Hannigan, 92 F.3d 1486 (9th Cir.) (probable cause must extend to specific-intent elements when statute requires them)
- Waters v. Young, 100 F.3d 1437 (9th Cir.) (court must notify nonmoving party of evidentiary deficiencies before granting JMOL)
- LaLonde v. County of Riverside, 204 F.3d 947 (9th Cir.) (credibility determinations are for the jury)