Swiecicki v. Delgado
United States Court of Appeals for the Sixth Circuit
463 F.3d 489 (2006)
- Written by Steven Pacht, JD
Facts
Jeffrey Swiecicki (plaintiff) allegedly used profane language while heckling a player during a Cleveland Indians home game. The stadium’s rules barred obscene or foul language but did not otherwise restrict yelling or heckling. Swiecicki admitted to heckling but denied being profane or drunk. Jose Delgado (defendant) was an off-duty Cleveland police officer working at the stadium as a security guard in his police uniform and badge. Delgado asked Swiecicki to cease. When Swiecicki did not, Delgado advised him they could “either do this the easy way or the hard way” before placing him in a police escort position and attempting to guide him out of the stadium. Swiecicki repeatedly asked Delgado why he was being ejected. When Delgado did not respond, Delgado contended Swiecicki tried to escape, leading Delgado to arrest him. However, Swiecicki claimed he protested only verbally and did not try to escape. Swiecicki was convicted in state court for disorderly conduct (which requires, among other things, that the defendant was intoxicated) and resisting arrest (which requires, among other things, a valid underlying basis for the arrest). After his convictions were reversed on appeal, Swiecicki sued Delgado for, among other things, violating 42 U.S.C. § 1983, which imposes liability on state officials for violating constitutional rights while acting under color of state law. Specifically, Swiecicki alleged Delgado infringed his First Amendment free-speech rights and the Fourth Amendment’s prohibitions against arrest without probable cause and the use of excessive force. Delgado moved for summary judgment, arguing, among other things, that he did not act under color of state law and that he was entitled to qualified immunity because Swiecicki did not meet his burden to show that (1) there was no probable cause for the arrest and (2) Delgado violated the First Amendment. The district court granted summary judgment to Delgado. Swiecicki appealed.
Rule of Law
Issue
Holding and Reasoning (Gilman, J.)
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