Tuesday, August 07, 2007

Theater Altercation May Have Violated Plaintiff's Constitutional Rights

Arnold v. Curtis, 2007 WL 2193680 (8/1/07)(unpub'd) - The right to be free from excessive force under the Fourth Amendment clearly embraces the right of an innocent citizen to attend a movie without being seized by a self-identified law enforcement officer and thrown down a staircase. [Hurray.] The dispute started when the off-duty officer complained to the plaintiff about her talking during the movie. The parties had two completely different versions of events. A jury will have to decide whose version is more accurate.