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ROSS v. EARLY

No. 12-2547.

746 F.3d 546 (2014)

Aaron ROSS, Plaintiff-Appellant, v. Wayne A. EARLY; Mayor and City Council of Baltimore; Baltimore City Police Department, Defendants-Appellees, and Ronald Farley; George Nilson, In His Individual Capacity and Official Capacities as City Solicitor for the Mayor and City Council of Baltimore; Elena Dipietro, In Her Individual and Official Capacities as Chief Solicitor for the Mayor and City Council of Baltimore; Linda Barclay, In Her Individual Capacity as former Chief Solicitor for the Mayor and City and City Council of Baltimore; Frederick H. Bealefeld, III, In His Individual Capacity and His Official Capacity as Commissioner of the Baltimore City Police Department, Defendants.

United States Court of Appeals, Fourth Circuit.

Decided: March 5, 2014.

Attorney(s) appearing for the Case

ARGUED: Sean Robert Day , Law Office of Sean R. Day, Greenbelt, Maryland, for Appellant. Barron Stroud, Jr. , Stroud & Priest, LLC, Baltimore, Maryland; Steven John Potter , Baltimore City Law Department, Baltimore, Maryland, for Appellees. ON BRIEF: George Nilson , Glenn T. Marrow , Baltimore City Law Department, Baltimore, Maryland, for Appellees Mayor and City Council of Baltimore and Baltimore City Police Department.

Affirmed by published opinion. Judge THACKER wrote the opinion, in which Judge KEENAN joined. Judge WYNN wrote a dissenting opinion.

THACKER, Circuit Judge:

Appellant Aaron Ross ("Appellant") brought this action challenging his March 12, 2008 and March 25, 2009 arrests for refusing to obey Baltimore City Police Officer Wayne Early's ("Officer Early") repeated orders to confine his leafleting to the area designated for protest activities outside the First Mariner Arena (the "Arena") in Baltimore, Maryland. The designated protest area was defined by a written policy (the "Policy") of the Mayor and...

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