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Norse v. Santa Cruz, No. 07-15814

By FindLaw Staff on December 16, 2010 5:58 PM

First Amendment Action Based on Ejection from City Council Meeting

In Norse v. Santa Cruz, No. 07-15814, a First Amendment action based on plaintiff's ejection from the Santa Cruz city council after he gave the council a silent Nazi salute, the court reversed judgment for defendants where the district court gave plaintiff only two days to prepare for a hearing on summary judgment on the day of trial.

As the court wrote:  "When Robert Norse gave the Santa Cruz City Council a silent Nazi salute, he was ejected and arrested. He sued city officials for violating his rights under the First Amendment. On the eve of trial, the district court sua sponte granted judgment against him, holding that the city officials were entitled to qualified immunity. Because the district court failed to provide Norse adequate notice and opportunity to be heard, among other procedural errors, we reverse the judgment of the district court."

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