Grisham v. Valenciano: Arrests of Armed Protesters Affirmed

This episode details Grisham v. Valenciano, a case heard by the United States Court of Appeals for the Fifth Circuit on February 26, 2024. The plaintiffs, Christopher Grisham and James Everard, appealed a district court's summary judgment in favor of defendants, including Olmos Park Chief of Police Rene Valenciano and the City of Olmos Park, concerning civil rights claims under 42 U.S.C. § 1983. The plaintiffs, who identify as Second Amendment protestors, alleged their arrests on March 27, 2018, violated their First, Fourth, and Fourteenth Amendment rights through unlawful arrest, excessive force, and retaliation for protected speech. The Court of Appeals affirmed the district court's decision, concluding that the officers had probable cause for the arrests and that the force used was not excessive, thereby entitling the officers to qualified immunity and absolving the city of municipal liability.