Tuesday, May 12, 2015

An Arrest as Free Expression?

Anderson v. Geist, No. E058139 (D4d2 Apr. 22, 2015)

This is a § 1983 case over the service of an arrest warrant.  The defendant filed an anti-SLAPP motion, claiming that a cop’s execution of an arrest warrant is protected activity under Code of Civil Procedure § 425.16(e)(4) as an act in furtherance of a criminal prosecution. It’s not. The police are not engaged in any kind of expressive activity in connection with an issue of public concern when they execute warrants. They are just doing their jobs as public employees.


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