Visitor center for Spaceport America, a public agency, was not a public forum in which government must allow picketing and other forms of protest; there was probable cause for plaintiff’s arrest for trespass, hence there could be no cause of action for retaliatory arrest.
Pulling plaintiff over for traffic stop because he gestured at officer with his middle finger would amount to First Amendment retaliation.
Corrections officer and nurse were not deliberately indifferent to detainee’s medical needs based on allegedly inadequate screening for risk of self-harm, failure to provide prescription medication, failure to adequately monitor detainee, or failure to provide suicide prevention bedding.
Medical professional who knows that his role is to serve as gatekeeper for other medical personnel capable of treating a condition may be liable for deliberate indifference for denying access to medical care; nurse’s knowledge that plaintiff was “dazed and confused” and unable to remember what kind of work he did was sufficient to trigger nurse’s duty as gatekeeper; nurse was not deliberately indifferent because he referred plaintiff to a physician’s assistant; nurse’s failure to inform doctor of how long plaintiff had been in custody, which was allegedly too long to be suffering from withd
Plaintiff alleged that officers were deliberately indifferent and allowed him to be assaulted in custody; court declines to extend Kingsley to deliberate indifference claims, relying on its decision in Strain v. Regalado, 977 F.3d 984 (10th Cir. 2020) (claim of alleged medical indifference), and found there was no subjective indifference in this case, thus no liability, because the time interval between when the officer became aware of the attack on plaintiff and when he responded was too short to conclude his response was unreasonable.
After pleading no contest, plaintiff had been convicted of two counts of assault and battery on a police officer; the court ruled, “An excessive-force claim against an officer is not necessarily inconsistent with a conviction for assaulting the officer,” and analyzed the incident in detail, concluding that plaintiff had alleged some of the excessive force he complained of took place after he no longer posed a threat, and that Heck would not bar those claims.
Use of handcuffs to restrain driver during traffic stop did not violate Fourth Amendment where driver ignored officer’s requests for license and insurance information, argued with and yelled at officer, and refused to get out of his vehicle.
Declining to recognize Bivens cause of action against city police officer, who was a deputized federal agent, who provided allegedly false information to another officer in another municipal department, leading to plaintiffs’ arrest on federal charges, in order to protect a federal witness.