Albanese

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 SAMUEL ALBANESE, No. 2:22–cv–1131–KJN (CONSENT) Plaintiff, ORDER v. (ECF No. 8.) CITY OF OROVILLE, et al., Defendants. 16 This case concerns whether, at this stage of the pleadings, plaintiff may proceed with federal civil rights and associated state-law claims against a police officer and the city where plaintiff stood some distance away from the scene of an arrest to record the incident, refused an order from an officer to back up, and was arrested for interference under Cal. Pen. Code § 148(a). The case is not dismissible. California law does not permit arrest for obstruction solely because a person records law enforcement officers, and plaintiff alleges this was what he was doing. Clearly established law would inform a reasonable officer that this alleged conduct was protected by Section 148(g) and the First Amendment. Thus, the court DENIES IN PART defendants’ motion to dismiss and allows for amendment of the…