Facts

Plaintiff Michael Tocher was standing on State Street in Santa Barbara on Veterans Day, reading out the names of all U.S. military personnel killed during the war in Iraq. Tocher used a battery-powered megaphone and it took around three hours to read all the names.

Tocher was apprehended by police officers Morris Rivard and Rayshun Drayton after a civilian complained and stated he would sign for a citizen arrest. Tocher was taken into custody for a penal code violation and handcuffed in public view before taken to a police station and questioned for approximately three hours.

Claiming emotional damages, Tocher sued the city of Santa Barbara, its police department, and officers Rivard and Drayton for violating his First and Fourth Amendment civil rights.

PLAINTIFF'S CONTENTIONS:
Tocher asserted that he was merely paying tribute to the armed forces and the sacrifices the soldiers had made. Tocher claimed he had no intention to disturb the peace, but rather, wanted to bring attention to the war. Tocher further claimed he was compelled because it was Veterans Day, a day the federal government sets aside each year to honor and recognize individuals who have fought for the U.S. armed forces.

DEFENDANTS' CONTENTIONS:
The defendants disputed Tocher's allegations, claiming he was disturbing the peace and that the police had received numerous complaints about him before they eventually took action. The defendants added that the police officers responded in a reasonable, appropriate, and justified way.

Damages

Toucher sought an unspecified amount for emotional distress and violation of his civil rights. Tocher also sought an injunction.

Result

Summary judgment was granted in favor of Tocher, finding that his conduct did not disturb the peace under California law and that his arrest violated his Fourth Amendment rights. Thus, the city was liable for his injuries due for failing to adequately train its police officers on the standard for disturbing the peace as applied to public speakers. After summary judgment was granted, the parties agreed to a settlement whereby the city would pay Tocher $104,000, consisting of $17,000 in damages and $87,000 in attorney fees. In addition, the city also agreed to implement new training policies with regard to dealing with individuals reportedly disturbing the peace.