Orin

Plaintiff Benjamin Orin was told by a community college official that he could protest abortion on campus only if he did not create a disturbance, interfere with students’ access to school buildings, or couch his protest in overtly religious terms. After four factious hours of demonstration, campus security asked Orin to leave because he was violating these conditions. When he refused, campus security called City of Bremerton police officers who, after asking Orin to leave twice more, arrested him for criminal trespass and failure to disperse.

We must determine whether the conditions imposed on the protest violated Orin’s clearly established First Amendment rights such that the school officials, the police officers, or the City of Bremer-ton may be liable to Orin for damages under 42 U.S.C. §§ 1983 and 1985(3). We must also determine whether the district court properly held that none of Orin’s state tort law causes of action can survive summary judgment. We have jurisdiction, and affirm in part and reverse in part.

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Orin is a member of Positively Pro-Life, an anti-abortion group that demonstrates at high schools, colleges, and medical clinics around the Northwest. On…

concurring:

I concur in the result reached by the majority. Because I believe Officers Hornberg and McCluskey are entitled to qualified immunity, I agree that we should affirm the district court’s grant of summary judgment to these defendants. However, the majority opinion goes beyond what is necessary for qualified immunity analysis, concluding that Officers Hornberg and McCluskey did not violate Orin’s First Amendment rights because they had probable cause to arrest him for trespass and failure to disperse. In my view, these additional conclusions are unnecessary and unwarranted. Because the qualified immunity question is sufficient to dispose of the case against Officers Horn-berg and McCluskey, our analysis need not go further. Moreover, I cannot agree with the majority’s conclusion that the officers had probable cause to arrest Orin.

Probable cause to arrest without a warrant exists when the facts and circumstances known to the arresting officer are sufficient to lead a prudent person to believe the suspect has committed, is committing, or is about to commit a crime. Mackinney v. Nielsen, 69 F.3d 1002, 1005 (9th Cir.1995). Viewing the facts in the light most favorable to…