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Frasier v. Evans, 992 F.3d 1003 (10th Cir. Mar. 29, 2021)

Mar 29, 2021

This Section 1983 case involved the police allegedly retaliating against a citizen filming another’s interactions with the police resulting in the police grabbing the plaintiff’s tablet out of his hand and searching it.  The district court denied the officers’ qualified immunity summary judgment because the officers’ training instructed officers to not violate First Amendment rights.  In reversing, the Tenth Circuit held that “judicial decisions are the only valid interpretive source of the content of clearly established law, and, consequently, whatever training the officers received concerning the nature of . . . First Amendment rights was irrelevant to the clearly-established law inquiry.”