528 F. App'x 190
3rd Cir.2013Background
- True Blue Auctions, LLC and Dreibelbis sued two Franklin, PA police officers under 42 U.S.C. § 1983 for First Amendment retaliation related to videotaping.
- On October 16, 2009, Dreibelbis videotaped an auction on public property; officers ordered removal of a sign about 75 yards from the site and warned of arrest if videotaping continued.
- Dreibelbis stopped videotaping and curtailed further filming for the remainder of the day and the next day due to fear of arrest.
- The district court dismissed the amended complaint after a magistrate judge recommended qualified immunity for the officers.
- The Third Circuit affirmed, holding there was no clearly established right to videotape officers on a public sidewalk in 2009.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether officers are entitled to qualified immunity for arrest threat over videotaping | Dreibelbis had a First Amendment right to videotape the officers. | No clearly established right; reasonable officers could believe conduct lawful. | Qualified immunity affirmed. |
| Whether a clearly established right to videotape police on a sidewalk existed in 2009 | There is a clearly established sidewalk videotaping right beyond traffic stops. | Right is not clearly established; case law is divergent. | No clearly established right as of 2009. |
Key Cases Cited
- Kelly v. Borough of Carlisle, 622 F.3d 248 (3d Cir. 2010) (no clearly established right to videotaping during a traffic stop; mixed authority overall)
- Gilles v. Davis, 427 F.3d 197 (3d Cir. 2005) (videotaping may be a protected activity on public property)
- Pearson v. Callahan, 555 U.S. 223 (S. Ct. 2009) (permitting district courts to decide qualified immunity when right is not clearly established)