Porter v. Shusko, 1:24-cv-02832

Plaintiff Shaun Porter, a self-described political protestor and reporter, staged a "Pro Israel" protest at Frederick Community College (FCC) on November 2, 2023, after a prior protest at the same campus.
Porter alleges that counter-protestors used loud noise, and he asked Captain Kirk Henneberry of the Frederick City Police to intervene, which Henneberry declined.
Captain Henneberry, along with Public Safety Supervisor Poole, directed all protestors (including Porter) to leave the campus; Porter refused to comply.
Porter was subsequently charged with trespass under Md. Code § 26-102(e)(2) for failing to leave the premises after being asked.
In March 2024, Porter accepted a stet (further prosecution stayed) of the trespass charge, agreeing to stay away from FCC for a year.
Porter filed a pro se federal civil rights lawsuit against Henneberry, Shusko, and Poole, alleging First Amendment violations and malicious prosecution; Henneberry moved to dismiss the claims against him.

Issue	Plaintiff's Argument	Defendant's Argument	Held
First Amendment Retaliation (arrest)	Arrest & differing treatment violated First Amendment rights	Qualified immunity applies; statute is tailored	Dismissed. Henneberry entitled to qualified immunity.
First Amendment Retaliation (charge)	Criminal trespass charge was retaliation for protected speech	Qualified immunity; probable cause for enforcement	Dismissed. No clearly established right was violated.
Malicious Prosecution	Prosecution was retaliation; similarly situated non-speakers not charged	Probable cause existed; stet not favorable termination	Dismissed. Porter failed to allege similarly situated facts.

Ashcroft v. Iqbal, 556 U.S. 662 (plausibility standard for pleadings)
Bell Atl. Corp. v. Twombly, 550 U.S. 544 (pleading standard for motion to dismiss)
Pearson v. Callahan, 555 U.S. 223 (qualified immunity for government officials)
Mullenix v. Luna, 577 U.S. 7 (scope of clearly established right for qualified immunity)
Brosseau v. Haugen, 543 U.S. 194 (context-specific inquiry for qualified immunity)
Hartman v. Moore, 547 U.S. 250 (retaliatory prosecution under the First Amendment)
Harlow v. Fitzgerald, 457 U.S. 800 (articulation of qualified immunity doctrine)
Anderson v. Creighton, 483 U.S. 635 (qualified immunity, reasonable official standard)
Haines v. Kerner, 404 U.S. 519 (leniency to pro se pleadings)