No qualified immunity where civilian yelled obscenities

No qualified immunity for state trooper where civilian yelled obscenities 

Where a State Trooper challenged the denial of qualified immunity on claims of First Amendment retaliation and Fourth Amendment unreasonable seizure after plaintiff was arrested for disorderly conduct for yelling an expletive at the officer from a moving vehicle, the District Court properly denied qualified immunity because the arrest violated the plaintiff’s rights since the shout was unamplified and fleeting and was not an unreasonable or excessive noise to constitute disorderly conduct, and the trooper lacked probable cause for the arrest.¬† Judgment affirmed.

Thurairajah v. City of Fort Smith, 17-3419, appealed from the Western District of Arkansas, Smith, M.

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