Fogel

Fogel v. Grass Valley Police Department

Good Law
415 F. Supp. 2d 1084·2006 WL 355143·2006 U.S. Dist. LEXIS 9012
United States District Court, Eastern District of CaliforniaFebruary 14, 2006Civ. 05-0444 DFLKJMCalifornia2,488 words

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…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.