FOGEL v. COLLINS

No. 06-15395.

531 F.3d 824 (2008)

Matthew FOGEL, Plaintiff-Appellant, v. Wesley COLLINS, Officer; Grass Valley Police Department; Michael Hooker, Officer; Jarod Johnson, Officer; Gary McClaughry, Officer; Greg McKenzie, Officer; Jason Perry, Officer, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed June 27, 2008.


Attorney(s) appearing for the Case

Stephen A. Munkelt, Nevada City, NV, for the appellant.

Gayle K. Tonon, Truckee, CA, for the appellees.

Before: MELVIN BRUNETTI, W. FLETCHER, and RICHARD R. CLIFTON, Circuit Judges.


W. FLETCHER, Circuit Judge:

Police officers of the City of Grass Valley, California, arrested plaintiff-appellant Matthew Fogel and impounded his van because of messages painted on the back of the vehicle. Fogel brought suit against Grass Valley and six police officers under 42 U.S.C. § 1983, alleging a violation of his First Amendment rights. The district court assumed without deciding that Fogel's First Amendment rights...

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