July 2022 - Parks & Recreation - 30

LAW REVIEW
probable cause for Moore committing
the offense of disorderly
conduct because Moore, after being
asked to leave, had decided to
stop, turn, and continue arguing
with the officials and flipped off
the officials.
Prior to detaining Moore, Officer
Gibson contacted Barbara
McCrory, who Moore believed
to be the athletic director of
Vilonia. McCrory told Officer
Gibson that Moore had been
argumentative with parents and
referees to the point that Moore
was told by the referees and the
soccer director to leave.
As a result, Officer Gibson issued
Moore a citation for disorderly
conduct and criminal trespass
based upon Moore remaining on
the property and being argumentative
with officials and other parents,
which caused the soccer game
to be cancelled.
In the course of issuing Moore
a citation for disorderly conduct
and criminal trespass, dashcam
video made it clear " at no time
during this encounter was Moore
handcuffed, put into Officer Gibson's
police cruiser, or transported
anywhere. "
A bench trial occurred regarding
Moore's criminal charges, at which
Moore testified, taking the stand as
the last witness, being questioned
by his own attorney first, and then
by the prosecutor. The trial judge
acquitted Moore of the charges in
the criminal citation.
Section 1983
Qualified Immunity
Moore subsequently brought a Section
1983 federal civil rights lawsuit
against Defendant Officer Gibson
and City of Vilonia, Arkansas. In
response, Officer Gibson filed a
motion for summary judgment,
which would effectively dismiss
Moore's lawsuit.
The federal district court would
grant Officer Gibson's motion for
summary judgment " if the evidence,
when viewed in the light
most favorable to the nonmoving
party [Moore], shows that there is
no genuine issue of material fact to
be decided at trial. " In other words,
the pretrial record would have to
contain
sufficient
evidence
that
would indicate potential Section
1983 liability.
As cited by the federal district
Section 1983 provides a
court,
cause of action against any " person "
who, acting " under color of "
state law, deprives the plaintiff of
" rights, privileges, or immunities
secured by the Constitution. " 42
U.S.C. ยง 1983. In addition to municipalities,
the court noted individual
employees are suable " persons "
as under Section 1983.
In this particular instance, Officer
Gibson claimed he was entitled
to the defense of qualified immunity
under Section 1983 from any
individual liability in this case. As
described by the
federal district
court, the doctrine of qualified immunity
" shields a government official
from liability in a Section 1983
action unless the official's conduct
violates a clearly established constitutional
or statutory right of
which a reasonable person would
have known. "
In determining whether qualified
immunity was applicable to a given
situation, the court would conduct
the following " two-step inquiry " :
(1) whether the facts shown
by the plaintiff make out a violation
of a constitutional or
statutory right, and (2) whether
Officer Gibson issued Moore a citation
for disorderly conduct and criminal trespass
based upon Moore remaining on
the property and being argumentative
with officials and other parents.
30 Parks & Recreation | JULY 2 0 22 | PARK S ANDRECRE AT ION . OR G

July 2022 - Parks & Recreation

Table of Contents for the Digital Edition of July 2022 - Parks & Recreation

July 2022 - Parks & Recreation - Intro
July 2022 - Parks & Recreation - Cover1
July 2022 - Parks & Recreation - Cover2
July 2022 - Parks & Recreation - 1
July 2022 - Parks & Recreation - 2
July 2022 - Parks & Recreation - 3
July 2022 - Parks & Recreation - 4
July 2022 - Parks & Recreation - 5
July 2022 - Parks & Recreation - 6
July 2022 - Parks & Recreation - 7
July 2022 - Parks & Recreation - 8
July 2022 - Parks & Recreation - 9
July 2022 - Parks & Recreation - 10
July 2022 - Parks & Recreation - 11
July 2022 - Parks & Recreation - 12
July 2022 - Parks & Recreation - 13
July 2022 - Parks & Recreation - 14
July 2022 - Parks & Recreation - 15
July 2022 - Parks & Recreation - 16
July 2022 - Parks & Recreation - 17
July 2022 - Parks & Recreation - 18
July 2022 - Parks & Recreation - 19
July 2022 - Parks & Recreation - 20
July 2022 - Parks & Recreation - 21
July 2022 - Parks & Recreation - 22
July 2022 - Parks & Recreation - 23
July 2022 - Parks & Recreation - 24
July 2022 - Parks & Recreation - 25
July 2022 - Parks & Recreation - 26
July 2022 - Parks & Recreation - 27
July 2022 - Parks & Recreation - 28
July 2022 - Parks & Recreation - 29
July 2022 - Parks & Recreation - 30
July 2022 - Parks & Recreation - 31
July 2022 - Parks & Recreation - 32
July 2022 - Parks & Recreation - 33
July 2022 - Parks & Recreation - 34
July 2022 - Parks & Recreation - 35
July 2022 - Parks & Recreation - 36
July 2022 - Parks & Recreation - 37
July 2022 - Parks & Recreation - 38
July 2022 - Parks & Recreation - 39
July 2022 - Parks & Recreation - 40
July 2022 - Parks & Recreation - 41
July 2022 - Parks & Recreation - 42
July 2022 - Parks & Recreation - 43
July 2022 - Parks & Recreation - 44
July 2022 - Parks & Recreation - 45
July 2022 - Parks & Recreation - 46
July 2022 - Parks & Recreation - 47
July 2022 - Parks & Recreation - 48
July 2022 - Parks & Recreation - 49
July 2022 - Parks & Recreation - 50
July 2022 - Parks & Recreation - 51
July 2022 - Parks & Recreation - 52
July 2022 - Parks & Recreation - 53
July 2022 - Parks & Recreation - 54
July 2022 - Parks & Recreation - 55
July 2022 - Parks & Recreation - 56
July 2022 - Parks & Recreation - Cover3
July 2022 - Parks & Recreation - Cover4
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/july-2022
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/june-2022
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/may-2022
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/april-2022
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/march-2022
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/february-2022
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/january-2022
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/december-2021
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/november-2021
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/october-2021
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/september-2021
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/august-2021
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/july-2021
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/june-2021
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/may-2021
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/april-2021
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/march-2021
https://www.nxtbookmedia.com