Opinion

Boyd v. City of Hermosa Beach

  • 321 F. App'x 584
Court
Court of Appeals for the Ninth Circuit
Filed
Apr 1, 2009
Status
Published
Author
Wardlaw
On the bench
Rymer, Scannlain, Wardlaw
Cited by
0 cases
Authority
More cited than 10.5%

The opinion

WARDLAW, Circuit Judge,

concurring in part and dissenting in part:

I am pleased to concur in the disposition, except as to Part II. I respectfully dissent from Part II because genuine issues of material fact remain as to whether the officers had probable cause to arrest Hon for a violation of California Penal Code section 148(a). It is undisputed that Hon heard the order to disperse, and lingered momentarily on the station premises to question the officer’s order. However, Hon’s questioning of the police officer is protected by the First Amendment. See People v. Quiroga, 16 Cal.App.4th 961 , 20 Cal.Rptr.2d 446, 448 (Ct.App.1993) (citing Houston v. Hill, 482 U.S. 451, 461 , 107 S.Ct. 2502 , 96 L.Ed.2d 398 (1987)). The California Courts of Appeal have also held that “it surely cannot be supposed that Penal Code section 148 criminalizes a person’s failure to respond with alacrity to police orders.” Id. I therefore would also affirm the district court’s denial of summary judgment on this ground.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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