United States Court of Appeals For the First Circuit.pdf

United States Court of Appeals For the First Circuit No. 10-1764 SIMON GLIK, Plaintiff, Appellee, v. JOHN CUNNIFFE, in his individual capacity; PETER J. SAVALIS, in his individual capacity; JEROME HALL-BREWSTER, in his individual capacity; CITY OF BOSTON, Defendants, Appellants. APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MASSACHUSETTS [Hon. William G. Young, U.S. District Judge] Before Torruella, Lipez, and Howard, Circuit Judges. Ian D. Prior, Assistant Corporation Counsel, City of Boston Law Department, with whom William F. Sinnott, Corporation Counsel, and Lisa Skehill Maki, Assistant Corporation Counsel, were on brief, for appellants. David Milton, with whom Howard Friedman, Law Offices of Howard Friedman, P.C., Sarah Wunsch, and ACLU of Massachusetts were on brief, for appellee. Anjana Samant and Center for Constitutional Rights on brief for Berkeley Copwatch, Communities United Against Police Brutality, Justice Committee, Milwaukee Police Accountability Coalition, Nodutdol for Korean Community Development, and Portland Copwatch, amici curiae. August 26, 2011 LIPEZ, Circuit Judge. Simon Glik was arrested for using his cell phones digital video camera to film several police officers arresting a young man on the Boston Common. The charges against Glik, which included violation of Massachusettss wiretap statute and two other state-law offenses, were subsequently judged baseless and were dismissed. Glik then brought this suit under 42 U.S.C. § 1983, claiming that his arrest for filming the officers constituted a violation of his rights under the First and Fourth Amendments. In this interlocutory appeal, the defendant police officers challenge an order of the district court denying them qualified immunity on Gliks constitutional claims. We conclude, based on the facts alleged, that Glik was exercising clearly- established First Amendment rights in filming the officers in a public space, and that his clearly-established Fourth Amendment ri