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· 6/11/2014

Robert Aaron Peterson v. Officer Michael Kopp

Citations

  • 754 F.3d 594
  • 2014 WL 2598740
  • 2014 U.S. App. LEXIS 10813

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that a First Amendment retaliatory arrest claim fails if an officer had even arguable probable cause to arrest
  • recognizing that “pepper spraying someone in the face would chill a person of ordinary firmness” (internal quotation marks omitted)
  • holding that criticizing a police officer and asking for his badge number is protected speech
  • recognizing that “pepper spraying someone in the face would chill a person of ordinary firmness” (internal quotation marks omitted)
  • concluding that use of pepper spray on “a non-fleeing, non-resisting, non-violent misdemeanant” was unreasonable
  • holding that the “causal connection”, i.e., retaliatory motive, is generally a jury question unless it is so free from doubt as to justify taking it from the jury

Source: CourtListener parenthetical corpus (CC0).

Judges: Riley, Bright, Kelly

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.