Eddie Ford v. City of Yakima

I. Background

Shortly after midnight on July 17, 2007, Ford was listening to music while driving to work when he noticed a police car approaching rapidly from behind him. Ford changed lanes twice “to get out of [the police car’s] way.” FORD V . CITY OF YAKIMA

The patrol car followed him each time. While stopped at a red light, Ford stepped out of his car abruptly and asked Urlacher, the officer driving the police car, why he was being followed so closely. Urlacher felt “concerned for [his] safety,” and told Ford to get back into the car and “go.” Then, as both parties drove through the intersection, Urlacher turned on his flashing lights and initiated a traffic stop.

Ford turned into a nearby parking area and emerged from his car yelling. Urlacher, armed with a taser gun, approached Ford and asked for his license and registration. Urlacher perceived the situation as “very dangerous.” As Ford retrieved the requested items, he stated that he thought the traffic stop was racially motivated. Urlacher warned Ford to stay in the car or risk being taken to jail. Ford obeyed.

Urlacher then returned to his patrol car and checked Ford’s driver’s license for warrants.…

PER CURIAM Opinion; Dissent by Judge CALLAHAN.

OPINION

Eddie Ford (“Ford”) appeals from the grant of summary judgment in favor of the City of Yakima and two of its police officers, Ryan Urlacher and Nolan Wentz (“Appellees”), in his 42 U.S.C. § 1983 action alleging First Amendment retaliation.

Ford has alleged facts that would establish a violation of his clearly established First Amendment right to be free from police action motivated by retaliatory animus, even if probable cause existed for that action. See Skoog v. County of Clackamas, 469 F.3d 1221, 1235 (9th Cir.2006). Because the officers are not entitled to qualified immunity, we reverse and remand for trial.

I. Background

Shortly after midnight on July 17, 2007, Ford was listening to music while driving to work when he noticed a police car approaching rapidly from behind him. Ford changed lanes twice “to get out of [the police car’s] way.” The patrol ear followed him each time. While stopped at a red light, Ford stepped out of his car abruptly and asked Urlacher, the officer driving the police car, why he was being followed so closely. Urlacher felt “concerned for [his] safety,” and told Ford to get back into the car…

dissenting:

I dissent because the majority’s opinion fails to follow Supreme Court guidance in *1197 determining first that the police officers’ decision to book Ford instead of issuing a ticket violated his constitutional rights, and second that Ford’s “right” was clearly established. On the first point, the majority fails to appreciate that the scope of a person’s right to speech is different after he or she has been detained. This leads to the majority’s failure to discern that our prior cases on retaliatory police action, even if not cabined by subsequent Supreme Court decisions, do not create a clearly established right forbidding an officer from considering the comments of a legally detained individual when determining whether to book the individual.

I. Introduction

This case raises an issue of first impression. It is not a case of retaliatory arrest. Nonetheless, our review is informed by cases suggesting that, in order to state a claim for retaliatory arrest, a plaintiff must show a lack of probable cause for the arrest. See Reichle v. Howards, — U.S. -, —, 132 S.Ct. 2088, 2095 , 182 L.Ed.2d 985 (2012) (noting that evidence of probable cause “could be thought similarly…