pcfixer
Ultimate Member
Fabs. None of that is the test for immunity under Section 1983. The question is what clearly established law provides, and that does not turn on the subjective intent of the officer or whether he thought he was acting the scope of his duties. There are tons of clearly established law that demonstrating on a public sidewalk, peacefully, without obstructing, is protected by the first amendment. Tons of case law that you can't retaliate against someone for exercising first amendment rights. These guys are toast.
Amen!