Civil Rights: Disorderly Conduct-Shouting From Vehicle-Qualified Immunity

Where a state trooper challenged the denial of qualified immunity on claims of First Amendment retaliation and Fourth Amendment unreasonable seizure after plaintiff was arrested for disorderly conduct for yelling an expletive at the officer from a moving vehicle, the district court properly denied qualified immunity because the arrest violated the plaintiff’s rights since the shout was unamplified and fleeting and was not an unreasonable or excessive noise to constitute disorderly conduct, and the trooper lacked probable cause for the arrest.

Judgment is affirmed.

Thurairajah v. City of Fort Smith (MLW No. 73304/Case No. 17-3419 – 8 pages) (U.S. Court of Appeals, 8th Circuit, Smith, J.) Appealed from U.S. District Court, Western District of Arkansas, Holmes III, J. (Vincent P. France, Little Rock, Arkansas, argued for appellant) (William W. Hyman, Fort Smith, Arkansas, argued for appellee).