# Boyd v. City of Hermosa Beach

> Court of Appeals for the Ninth Circuit · April 1, 2009 · 321 F. App'x 584

URL: https://www.frixlaw.com/law-library/cases/8461057

## Case

- **Full name:** Gina BOYD Richard Cowan Jennifer Drake Joshua Hon Samuel Keller Pamela Muelot Mary Ann Ornelas Deborah Reynolds-Smith Craig Bague Doris Regan Catherine Hack Denise Hernandez Noreen Hernandez Joe Torres v. CITY OF HERMOSA BEACH Stephen Burrell Michael Lavin Lance Heard Gaetano Lobue Steve Saylor Dorothy Scheid Chris Alkadis, Defendants-Appellants Gina Boyd Richard Cowan Jennifer Drake Joshua Hon Samuel Keller Pamela Muelot Mary Ann Ornelas Deborah Reynolds-Smith Craig Bague Doris Regan Catherine Hack Denise Hernandez Noreen Hernandez Joe Torres v. City Of Hermosa Beach Stephen Burrell Michael Lavin Lance Heard Gaetano Lobue Steve Saylor Dorothy Scheid Chris Alkadis, and Donavan Sellan
- **Court:** Court of Appeals for the Ninth Circuit
- **Decided:** April 1, 2009
- **Citations:** 321 F. App'x 584
- **Precedential status:** Published
- **Opinion:** Concurring in part by Wardlaw
- **Judges:** Rymer, Scannlain, Wardlaw
- **Cited by:** 0 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/8461057

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/8461057. Public record. Not legal advice.