Leslie Davis v. Hennepin County
Opinion
In this civil case removed from state court, Leslie Davis appeals the district court’s 1 order dismissing his federal claims and remanding the remaining claims to state court. After careful de *148 novo review, see Strand v. Diversified Collection Serv., Inc., 380 F.3d 316, 317 (8th Cir. 2004), we agree with the district court that Davis’s free speech rights were not violated: the pleadings establish that Davis wished to speak in a limited designated public forum, the protocol used to regulate the order of speakers was content neutral, Davis refused to follow that protocol and disrupted the meeting, and the security officers who removed him had probable cause to believe he was violating a Minnesota statute prohibiting disorderly conduct at public meetings. We reject Davis’s argument that the district court improperly assumed facts, because they were established by his pleadings. Accordingly, we affirm the judgment of the district court. See 8th Cir. R. 47B.
. The Honorable Joan N. Ericksen, United States District Judge for the District of Minnesota, adopting the report and recommendations of the Honorable Arthur J. Boylan, United States Magistrate Judge for the District of Minnesota.
Reference
- Full Case Name
- Leslie DAVIS, Appellant, v. HENNEPIN COUNTY, a Political Subdivision; Commissioner Johnson; Commissioner Opat; Commissioner Stenglein; Commissioner Dorfman; Commissioner Koblick; Commissioner McLaughlin; Security Officer Rob Estes; Security Officer Jam Henderson; Security Supervisor Mara; Security Supervisor Billings; Security Officer Sco Elmore; Security Supervisor Columbein, and All Others Unknown, All in Their Personal and Professional Capacities, Appellees
- Status
- Unpublished