Fogel
Fogel v. Grass Valley Police Department
Opinion
Opinion
Levi, J.
ORDER
Plaintiff Matthew Fogel (“Fogel”) painted a provocative message on the back of his car. The police were called and arrested him. No charges were filed. Fogel now brings suit against defendants Grass Valley Police Department, Captain Jarod Johnson (“Johnson”), Sergeant Michael Hooker (“Hooker”), and Officers Jason Perry (“Perry”), Wesley Collins (“Collins”), Gary McClaughry (“McClaughry”), and Greg McKenzie (“McKenzie”). Plaintiff seeks damages under § 1983, primarily on the theory that his arrest violated the First Amendment. He also brings claims based on the Fourth and Fourteenth Amendments as well as state law claims for false arrest and assault and battery.
Defendants move for summary judgment on all claims. The individual defendants also assert that they are entitled to qualified immunity. Plaintiff cross moves for summary judgment on the § 1983 claims. For the reasons stated below, the court GRANTS defendants’ motion for summary judgment on all claims and DENIES plaintiffs motion.
I.
On May 25, 2004, Fogel painted the following message on his 1970 Volkswagen van: “I am a fucking suicide bomber communist terrorist! Pull me over! Please, I dare ya! Allah praise the…