Jason Schmidt v. City of Seattle (Spd)

MEMORANDUM

In this 42 U.S.C. § 1983 civil rights action, Jason Schmidt appeals from the grant of summary judgment in favor of the City of Seattle and Chief Gil Kerlikowske, Officer Richard Zurcher and Lieutenant Donnie Lowe of the Seattle Police Department who were sued in their individual and official capacities. We have jurisdiction pursuant to 28 U.S.C. § 1291 . We affirm in part, vacate in part, and remand for further proceedings.

I

Schmidt contends that Officer Zurcher and Lieutenant Lowe violated his federal constitutional right to participate in a street parade that had been authorized by the City of Seattle. See Hague v. Comm. for Indus. Org., 307 U.S. 496, 515 , 59 S.Ct. 954 , 83 L.Ed. 1423 (1939) (Citizens of the United States have right to assemble in public areas to discuss views on public questions as part of their “privileges, immunities, rights and liberties”). The district court concluded that Officer Zurcher and Lieutenant Lowe were entitled to qualified immunity based on the declarations they filed in support of their motion for summary judgment. In its order granting summary judgment, the district court stated that

Schmidt filed a declaration in response to…