ROBINSON v. FETTERMAN
378 F.Supp.2d 534 (2005)
Allen E. ROBINSON
Patrick V. FETTERMAN, et al.
No. Civ.A. 04-3592.
United States District Court, E.D. Pennsylvania.
July 19, 2005.
J. Michael Considine, Jr., West Chester, PA, for plaintiff.
BARTLE, District Judge.
Plaintiff Allen E. Robinson has sued the defendants, Pennsylvania State Troopers Patrick V. Fetterman, John Rigney, and Gregg Riek, pursuant to 42 U.S.C. § 1983. He claims that the defendants violated his constitutional right under the First Amendment to free speech and his constitutional right under the Fourth Amendment to be secure against an unreasonable seizure. Specifically, he alleges he was falsely arrested, subjected to excessive force, and maliciously prosecuted.1
The parties agreed to a non-jury trial, which was held on June 30, 2005 and July 1, 2005. The following are the court's findings of fact and conclusions of law.I.
On June 20, 2000 Robinson became concerned about what he believed was an unsafe manner in which Pennsylvania state troopers were conducting truck inspections
on Route 41 or its adjacent berm in West Fallowfield Township, Chester County. That same day, he contacted State Representative Arthur D. Hershey to inquire about videotaping the inspections. Representative Hershey suggested that before Robinson did so he obtain permission from the adjacent landowner whose property he intended to use for this purpose.
After receiving authorization from a landowner on the northbound side of Route 41, Robinson began videotaping the state troopers, including defendants Fetterman and Rigney, from a distance of approximately 30 feet. Shortly thereafter, Fetterman approached Robinson and asked him for identification. After an exchange of words, if not some pushing and shoving, defendant Rigney also appeared, at which point both he and Fetterman arrested Robinson for harassment under 18 Pa. Cons.Stat. Ann. § 2709.