July 2022 - Parks & Recreation - 33

have been a 'substantial factor' in
the decision to arrest. " The court
also would require plaintiff to
show " the retaliatory motive was a
'but-for' cause of the arrest " ; i.e.,
Moore was " singled out because
of his exercise of constitutional
rights. " In other words,
Gibson would not have arrested
Moore without a " retaliatory motive "
for doing so.
Moore claimed, " Officer Gibson
stopped and arrested him because
Officer Gibson believed that
Moore made an obscene gesture
to Torling that Moore claims was
protected speech. "
Without deciding whether
Moore's alleged obscene gesture
directed toward Torling was protected
symbolic First Amendment
Officer
speech, the federal district court
determined " no reasonable factfinder
could conclude that Moore's
obscene gesture was the 'but-for'
cause of Moore's being stopped
and arrested by Officer Gibson. "
On the contrary, the court found
Moore had failed to prove Officer
Gibson had " lacked probable cause
or arguable probable cause " for the
arrest. As a result, the federal district
court held Officer Gibson was
entitled to summary judgment on
Moore's First Amendment retaliation
claim.
Conclusion
Having found " reasonable suspicion
and, at a minimum, arguable
probable cause to support Officer
Gibson's
stopping and arresting
of Moore for at least one of the
crimes " in the citation, the federal
district court determined Moore
had failed to establish that Officer
Gibson violated Moore's Fourth
Amendment or First Amendment
rights.
Accordingly, the court held " Officer
Gibson is entitled to qualified
immunity on Moore's federal constitutional
claims brought against
him in his individual capacity
under Section 1983. " The court,
therefore, entered summary judgment
dismissing Moore's Section
1983 lawsuit.
James C. Kozlowski, J.D., Ph.D., is an Attorney and Associate
Professor in the School of Sport, Recreation, and Tourism
Management at George Mason University (jkozlows@gmu.
edu). Webpage link to an archive of articles (1982 to present):
mason.gmu.edu/~jkozlows/lawarts/artlist.htm.
PARK S ANDRECRE AT ION . OR G | JULY 2 0 22 | Parks & Recreation
33
http://mason.gmu.edu/~jkozlows/lawarts/artlist.htm https://www.nrpa.org/bioblitz

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