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TUCSON v. CITY OF SEATTLE

No. 23-35449.

91 F.4th 1318 (2024)

Derek TUCSON; Robin Snyder; Monsieree De Castro; Erik Moya-Delgado, Plaintiffs-Appellees, v. CITY OF SEATTLE, Defendant-Appellant, and Alexander Patton; Travis Jordan; Dylan Nelson; John Does, 1-4; 1-2, Defendants.

United States Court of Appeals, Ninth Circuit.

Filed February 2, 2024.

Attorney(s) appearing for the Case

Kerala T. Cowart (argued) and Jessica L. Zornes Leiser , Assistant City Attorneys; Ann Davison , Seattle City Attorney; Seattle City Attorney's Office, Seattle, Washington; for Defendant-Appellant.

Nathaniel Flack (argued) and Braden Pence , MacDonald Hoague & Bayless, Seattle, Washington; Neil Fox , The Law Office of Neil Fox, Seattle, Washington; for Plaintiffs-Appellees.

Charlene Koski, Van Ness Feldman LLP, Seattle, Washington; Adam L. Rosenberg, Keller Rohrback LLP, Seattle, Washington; for Amici Curiae Washington State Association of Municipal Attorneys and the International Municipal Lawyers Association.

Taryn Darling and Brent Low, American Civil Liberties Union of Washington, Seattle, Washington; Brian Flaherty, King County Department of Public Defense, Seattle, Washington; for Amici Curiae American Civil Liberties Union of Washington and King County Department of Public Defense.

Before: EUGENE E. SILER, RICHARD R. CLIFTON, and MILAN D. SMITH, JR., Circuit Judges.

OPINION

On January 1, 2021, Derek Tucson wrote the words "peaceful protest" in charcoal on a temporary wall built over the sidewalk outside the Seattle Police Department's (SPD) East Precinct. SPD officers arrested Tucson for doing so. The same night Tucson was arrested, SPD officers arrested three other individuals...

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