Greg Moore v. Sean Garnand, 83 F.4th 743 (2023)

Citation: Greg Moore v. Sean Garnand, 83 F.4th 743 (2023)
Parent Document: Greg Moore v. Sean Garnand, 83 F.4th 743 (2023)
Jurisdiction: United States (federal)
Effective Date: 2023-09-29
Original Source: https://www.courtlistener.com/opinion/9429207/greg-moore-v-sean-garnand/ ↗

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criminal investigations against them and attempted to induce
the IRS into opening a criminal investigation.
    The panel first held that it had jurisdiction over the
district court’s denial of qualified immunity as to plaintiffs’
First Amendment claims because defendants presented a
purely legal issue: whether, taking as true plaintiffs’ version
of the facts, it was clearly established that defendants’
conduct violated plaintiffs’ First Amendment rights.
    The panel next concluded that plaintiffs failed to show
that defendants’ conduct violated clearly established law. It
was not clearly established that Mr. Moore has a First
Amendment right to remain silent when questioned by the
police. Nor was it clearly established that a retaliatory
investigation per se violates the First Amendment.
Defendants were therefore entitled to qualified immunity on
the First Amendment claims based on Mr. Moore’s silence
and plaintiffs’ lawsuits and requests for public disclosures.
    The panel addressed plaintiffs’ Fourth Amendment
claims in a concurrently filed memorandum disposition. COUNSEL

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