482 F. App'x 522
11th Cir.2012Background
- Officers Valls, Del Valle, and Salazar appeal denials of qualified-immunity dismissals.
- Abella alleges First Amendment retaliation for reporting, protesting, and photographing police activity.
- Abella alleges three officer-specific acts: (i) Valls refused to file a report about flyers; (ii) Del Valle cited Abella in a private parking space; (iii) Salazar issued a parking ticket related to obtaining public records; Bocanegra allegedly directed conduct and later laughed at Town Hall.
- The district court erred by treating the defendants collectively; the court vacated and remanded to dismiss the retaliation counts against each officer based on qualified immunity.
- The panel vacates and remands with instructions to dismiss in light of qualified immunity.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Valls’ actions support a First Amendment retaliation claim | Abella argues Valls’ knowledge or participation shows retaliation | Valls’ actions were not shown to be retaliatory or causally linked to protected conduct | Valls entitled to qualified-immunity; dismissal affirmed. |
| Whether Del Valle’s parking citation was retaliatory | Del Valle issued a citation in retaliation for Abella’s protected activity | Abella fails to show protected conduct motivated the citation | Del Valle entitled to qualified-immunity; dismissal affirmed. |
| Whether Salazar’s ticketing was retaliatory for protected conduct | Salazar acted due to retaliation for Abella’s rights activity | No proven causal link to protected conduct; knowledge of Bocanegra insufficient | Salazar entitled to qualified-immunity; dismissal affirmed. |
Key Cases Cited
- Bennett v. Hendrix, 423 F.3d 1247 (11th Cir. 2005) (retaliation standards; causation requirement for retaliation)
- Smith v. City of Cumming, 212 F.3d 1332 (11th Cir. 2000) (First Amendment right to photograph police activities)
- United Mine Workers of Am. v. Ill. State Bar Ass’n, 389 U.S. 217 (1967) (First Amendment rights to speech and to petition for redress)
- Smith v. Mosley, 532 F.3d 1270 (11th Cir. 2008) (causal connection; motivating factor standard)