Facts

Andrew McKercher filed suit against Ron Morrison, the Mayor of National City, in relation to Morrison's decision to block McKercher from accessing Morrison's personal Facebook page.

PLAINTIFF'S CONTENTIONS: McKercher claimed his federal and state constitutional rights were violated when Morrison blocked him from accessing Morrison's personal Facebook page, and Morrison blocked him in retaliation for various reasons, including McKercher's criticism of Morrison's actions as Mayor of National City. McKercher claimed Morrison's qualified immunity defense failed because any retaliation for exercising one's free speech is a constitutional violation.

DEFENDANT'S CONTENTIONS: Morrison claimed qualified immunity against McKercher's allegations, and contended McKercher's injunctive and declaratory relief claims were moot.

Result

The court granted Morrison's motion to dismiss. The court found McKercher's injunctive and declaratory relief claims were moot because he has since been unblocked by Morrison and has the ability to access and comment on Morrison's Facebook page. Further, the court held Morrison was entitled to qualified immunity because there is no clearly established right for McKercher to use private social media to create a government audience for his political views.