an NLG legal observer case was reported in the Actionable Conduct report of March 28. Plaintiffs petitioned for rehearing en banc, which was denied in Molina v. City of St. Louis, Mo., 65 F.4th 994 (8th Cir. 2023). There is a dissent by Colloton and Benton which will be of interest to those of you who represent protestors and NLG legal observers
In case by NLG legal observers, court holds that observing and recording police-citizen interactions was not a clearly established First Amendment right in 2015, but there is a strong dissent by Judge Benton who finds right was clearly established; court rejects other theories that police who tear gassed NLG legal observers and others on private property did so in retaliation for exercise of First Amendment rights; court finds that wearing green hats that said “National Lawyers Guild Legal Observer” did not clearly convey a pro-protest message; third plaintiff who followed polic