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MOSS v. U.S. SECRET SERVICE

No. 07-36018.

572 F.3d 962 (2009)

Michael MOSS; Lesley Adams; Beth Wilcox; Richard Royer; Lee Frances Torelle; Mischelle Elkovich; Anna Boyd, individually and on behalf of a class of persons similarly situated; Jackson County Pacific Green Party, Plaintiffs-Appellees, v. U.S. SECRET SERVICE, of the Department of Homeland Security; Ralph Basham, Former Director of the United States Secret Service, in his individual capacity, Defendants, and Tim Wood, United States Secret Service Agent, in his official and individual capacities; Rob Savage, United States Secret Service Agent, in his official and individual capacities, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Submission Vacated and Deferred December 17, 2008.

Resubmitted June 25, 2009.

Filed July 16, 2009.

Attorney(s) appearing for the Case

Edward Himmelfarb, U.S. Department of Justice, Civil Division, Washington, D.C., for the defendants-appellants.

Steven M. Wilker, Tonkon Torp LLP, Portland, OR, for plaintiffs-appellees.

Before: A. WALLACE TASHIMA and MILAN D. SMITH, JR., Circuit Judges, and GEORGE H. WU, District Judge.

TASHIMA, Circuit Judge:

Plaintiffs-Appellees, individually and on behalf of a class of people similarly situated, allege that two United States Secret Service ("Secret Service") Agents, Tim Wood and Rob Savage (together, the "Agents" or "Defendants"), violated their First Amendment rights when they ordered the relocation of a demonstration critical of then-President George W. Bush. They sued the Agents for damages under the implied cause of action first recognized...

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