July 2022 - Parks & Recreation - 32

LAW REVIEW
The federal district court concluded:
" Officer Gibson is entitled to qualified
immunity and summary judgment in his
favor on Moore's Fourth Amendment
claims. "
ees and the director of the soccer
program " have all the authority. "
Based on the undisputed evidence
in the pretrial record, with
all reasonable inferences construed
in favor of Moore, the federal district
court concluded: " Officer
Gibson is entitled to qualified immunity
and summary judgment
in his favor on Moore's Fourth
Amendment claims. "
First Amendment
Retaliation
Reasonable Suspicion
Based on the undisputed evidence
on the pretrial record, the federal
district court found " Officer Gibson
at the outset had reasonable
suspicion to stop Moore for the
suspected offenses of disorderly
conduct and criminal trespass " :
It is undisputed that, at that
time, Officer Gibson had been
flagged down by parents attending
the game who then told Officer
Moore that there was an individual
that had been causing a disturbance,
had used obscene language,
and was refusing to
leave
city
property after being instructed to
do so by parks and recreation staff;
the parents pointed Moore out to
Officer Gibson as that individual.
The federal district court, therefore,
concluded: " at a minimum,
Officer Gibson had arguable probable
cause to arrest for the offenses
of disorderly conduct and criminal
trespass at the time Officer Gibson
asked Moore to wait by and
32 Parks & Recreation | JULY 2 0 22 | PARK S ANDRECRE AT ION . OR G
outside of Officer Gibson's police
cruiser. " Moreover, " given the information
relayed to Officer Gibson
by parents, and his distance
from Moore, " in the opinion of the
court, it was not unreasonable that
Officer Gibson believed Moore
had made an obscene " flipping the
bird " gesture.
Prior to writing the criminal citation,
in addition to a statement
from Torling, Officer Gibson had
also obtained a statement from
Barbara McCrory, the athletic director
of Vilonia, indicating all
the clubs were made aware of
" banners indicating zero tolerance
of any abuse to referees, " which
would include " refusal to follow
directions given by [the] referee. "
Before issuing Moore the citation,
Officer Gibson also spoke
with Johnny Alexander, the director
of parks and recreation for
City of Vilonia, about Moore's
conduct. During the soccer games,
Officer Gibson was told the referMoore
also brought a Section 1983
claim against Officer Gibson, alleging
his arrest was in retaliation
for his speaking out in violation of
the First Amendment. As noted by
the federal district court: " The law
is settled that as a general matter,
the First Amendment prohibits
government officials from subjecting
an individual to retaliatory
actions, including criminal prosecutions,
for speaking out. " To establish
a First Amendment claim
under Section 1983, the court
would require a plaintiff to show
the following:
(1) he engaged in a protected activity;
(2) the government official
took adverse action against him
that would chill a person of ordinary
firmness from continuing in
the activity; (3) the adverse action
was motivated at least in part by
the exercise of the protected activity;
and (4) lack of probable cause
or arguable probable cause.
Further,
the
court
acknowledged,
" retaliation need not have
been the sole motive, but it must

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