9th Circuit won’t dismiss anti-Bush protesters’ lawsuit

Wednesday, April 11, 2012

A federal appeals court has refused to dismiss claims by protesters that Secret Service agents guarding President George W. Bush violated their rights during a campaign stop in Oregon in 2004.

Ruling in Moss v. Ruecker, a three-judge panel of the 9th U.S. Circuit Court of Appeals on April 9 found the plaintiffs had “alleged a plausible First Amendment claim.” The panel also ruled that two Secret Service agents named in the lawsuit were not entitled to qualified immunity.

The plaintiffs claim they were forced to move from the president’s motorcade route while Bush supporters were allowed to remain closer.

The appeals court had dismissed the plaintiffs’ claims in 2009 but gave them a chance to amend their lawsuit, which they did. The two Secret Service agents sought to have the amended complaint dismissed, but a federal judge denied their request and the 9th Circuit panel upheld that ruling this week.

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