If plaintiff was not actively resisting the police, officer violated clearly established rights by taking her to the ground with enough force to break bones and then pinning her there, even if plaintiff touched officer’s arm and raised her other hand, holding a cell phone, near officer’s head.
Recognizing First Amendment right to publicly film police, but holding that right was not clearly established in 5th Circuit in August 2015.
Plaintiffs were activists and members of the Sunset Activist Collective and associated with CopBlock, critical of law enforcement, who chalked anti-police messages on the sidewalks of Las Vegas and were arrested under the local graffiti statute; they filed suit for retaliatory arrest; court finds case falls within narrow exception of Nieves v. Bartlett, 139 S.Ct.