Orin v. Barclay
United States Court of Appeals for the Ninth Circuit
272 F.3d 1207 (2001)
- Written by Jennifer Flinn, JD
Facts
Benjamin Orin (plaintiff) and other members of a prolife, antiabortion group planned a protest on the main quad of Olympic Community College (OCC), a state-funded community college in Bremerton, Washington. Richard Barclay (defendant), the dean of OCC, notified Orin that the group could protest provided the group did not (1) breach the peace or cause a disturbance, (2) interfere with campus activities or buildings, and (3) invoke religion. Students complained about the protestors, and the interactions between the students and protestors became hostile at times. The protest lasted four hours before OCC Security Chief Robert Wallace asked the protestors to leave due to escalating tensions and the threat of violence. The protestors refused. Police officers from the Bremerton Police Department were dispatched to the campus. When the officers arrived, they observed an angry crowd of students shouting at the protestors. The police officers asked Orin to leave, but Orin refused. Fearing that the situation would soon become violent, the Bremerton police officers arrested Orin for criminal trespassing and failure to disperse. Orin filed a lawsuit under 42 U.S.C. § 1983 against Dean Richard Barclay, Security Chief Robert Wallace, the two Bremerton police officers involved, and the City of Bremerton, alleging that Orin’s First Amendment rights had been violated. The district court granted summary judgment in favor of all defendants and ruled that Barclay, Wallace, and the Bremerton police officers were entitled to qualified immunity. Orin appealed.
Rule of Law
Issue
Holding and Reasoning (Tallman, J.)
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