Green v. Nocciero
2012 U.S. App. LEXIS 8001
| 8th Cir. | 2012Background
- Green, a civil rights activist, was arrested at a St. Louis School Board meeting after being asked to leave.
- Security officer McCrary signaled Miller; Miller told Green to leave and officers were summoned when Green refused.
- Green contends he was not disruptive and was the only person arrested that night despite numerous disturbances.
- The district court granted summary judgment on most claims, leaving only First Amendment/Conspiracy claims against the School Board security officers.
- On appeal, Green challenges Fourth and First Amendment rulings; the panel affirms the district court’s decisions.
- The court discusses Monell liability and ultimately finds no constitutional policy or custom proven against the Police Board.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Probable cause/qualified immunity for arrest | Green argues officers lacked probable cause and should not rely on McCrary's report. | Officers reasonably relied on McCrary's information and had arguable probable cause for trespass. | Qualified immunity affirmed; arguable probable cause supported arrest. |
| Municipal liability under Monell for Police Board | Green asserts policy/custom caused violations; deposition/settlement evidence show unconstitutional custom. | No probative evidence of unconstitutional custom; no Monell claim. | Summary judgment affirmed; no Monell liability. |
| First Amendment retaliation against School Board/security | Retaliation for past activism and speech; board chairman signaled to influence arrest. | No causal link shown; actions were security measures to maintain order. | Summary judgment affirmed; no retaliation shown. |
| First Amendment scope of forum and access to meeting | Board meeting public forum; Green had right to attend and speak without viewpoint discrimination. | Forum could be limited by subject, speaker identity, and manageability; removal allowed to prevent disruption. | Court notes potential broader First Amendment issue but affirms on record; no reversible error found. |
| Fourth Amendment claims against McCrary/Miller | Arrest improper; officers acted with no valid basis. | Arrest based on arguable probable cause from McCrary's report; security officers not the arresting officers. | Dismissed; arresting officers had arguable probable cause; officers entitled to immunity. |
Key Cases Cited
- Brodnicki v. City of Omaha, 75 F.3d 1261 (8th Cir.1996) (probable cause defined; totality of circumstances)
- Malley v. Briggs, 475 U.S. 335 (1986) (probable cause and qualified immunity standards for warrant affidavits)
- Hunter v. Bryant, 502 U.S. 224 (1991) (qualified immunity as protection for government officials)
- Baribeau v. City of Minneapolis, 596 F.3d 465 (8th Cir.2010) (causal connection in retaliation claims; standard for retaliation)
- Eichenlaub v. Township of Indiana, 385 F.3d 274 (3d Cir.2004) (nonpublic/limited public forum concept and order to remove disruptors)
- Gramenos v. Jewel Cos., Inc., 797 F.2d 432 (7th Cir.1986) (guards as eyewitnesses; reliance on guard testimony)
- Victory Through Jesus Sports v. Lee's Summit R-7 Sch. Dist., 640 F.3d 329 (8th Cir.2011) (forum classification and speech restrictions in school settings)
- City of Madison, Joint Sch. Dist. No. 8 v. Wis. Emp't Relations Comm'n, 429 U.S. 167 (1976) (public forum and viewpoint discrimination principles)
- Norse v. City of Santa Cruz, 629 F.3d 966 (9th Cir.2010) (en banc review on forum analysis)
- White v. City of Norwalk, 900 F.2d 1421 (9th Cir.1990) (limits of forum restrictions and decorum rules)
- State v. Guess, 804 S.W.2d 57 (Mo.App.1991) (trespass and removal authority in public facilities)