Facts

Robert Linden was outside the Honda Center protesting the circus using a megaphone. He was approached by Anaheim police officers who told him that use of a sound amplification device to disrupt an even was prohibited by the Municipal Code and asked him to stop using the megaphone. Linden refused, and he was briefly detained and cited for an infraction.

Linden sued the City of Anaheim and the Anaheim Police Dept. alleging abuse of process, malicious prosecution, and violations of his First and Fourth Amendment rights. Linden also asserted various civil rights claims that were resolved against him by summary adjudication.

PLAINTIFF'S CONTENTIONS:
Plaintiff contended that the citation and his detention for nearly three hours violated his civil rights. He also contended that he was within his rights to protest using a megaphone. Further, he contended that his attending a hearing on the infraction charges constituted an abuse of process and malicious prosecution. Moreover, he contended that one of the officers groped him during his detention, which constituted excessive force.

DEFENDANTS' CONTENTIONS:
Defendants contended that Plaintiff was using the megaphone in violation of a city ordinance. Defendants also contended that the ordinance was constitution because it placed reasonable restrictions on the time, place and manner of speech and that Plaintiff's refusal to stop using the megaphone led to the citation. Defendants also contended that the City and police dept. did not infringe on Plaintiff's right to protest because he was allowed to protest as long as he did not use any amplification device. Defendants also contended that Plaintiff was only detained for one hour, not three, and that his claim of being groped was false.

Damages

Linden sought an unspecified amount for general damages as well as injunctive relief for the alleged violations of his civil rights.

Result

The jury rendered a defense verdict.

Deliberation

three hours

Poll

11-1

Length

three days