Supreme Council American Legion of Honor v. Batte

How courts have described this case

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

• finding that the plaintiff stated a claim for unlawful detention when officers stopped and removed him from his vehicle without reasonable suspicion that he had committed or was about to commit a crime
• analyzing a plaintiff's claim that officers retaliated against him for remaining silent under the First, rather than the Fifth, Amendment
• noting that use of an expletive could not support First Amendment retaliation claim in part because “by the time [plaintiff] used the expletive, he had already been removed from his car and handcuffed on the curbside,” which constituted the allegedly retaliatory act
• finding plaintiff stated a claim for unlawful detention when officers stopped and removed him from his vehicle without reasonable suspicion he had committed or was about to commit a crime
• denying qualified immunity for arrest of passive plaintiff who questioned officer’s authority because “[t]here can be no doubt that the right not to be arrested absent probable cause was clearly established”
• granting qualified immunity where plaintiff verbally declined to answer questions because “[t]he sparse case law that does exist . . . indicates no consensus that a defendant has a First Amendment right not to answer an officer’s questions during a stop”

Source: CourtListener parenthetical corpus (CC0).