Mims
Mims v. City of Eugene
Opinion
Lead Opinion
MEMORANDUM *
Dianne Mims appeals the summary judgment entered in favor of the City of Eugene and Eugene Police Sergeant Jay Shadwick on her First and Fourth Amendment claims, as well as her municipal liability and failure to train claims. We affirm.
I
Mims cannot prevail on her First Amendment claim against Shadwick because she failed to come forward with sufficient evidence that Shadwick “deterred or chilled [her] political speech and such deterrence was a substantial or motivating factor in [his] conduct.” Sloman v. Tadlock, 21 F.3d 1462, 1469 (9th Cir.1994). Nothing in the Eugene Police Department’s Mobile Field Force Operational Plan (Operational Plan) supports a reasonable inference that Shadwick or any other police officer was motivated by hostility toward the views of the Mumia protestors. Rather, the Operational Plan reflected planning for a worst-case scenario in a neutral, objective manner. In addition, the fact that an earlier version did not contain as much detail regarding the *196 sources of information leading the police to believe that violence might occur does not indicate that the Eugene Police Department’s stated goals were pretextual.