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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BENNETT, Circuit Judge:
    Greg and Patricia Moore (collectively, “Plaintiffs”),
husband and wife, filed this 42 U.S.C. § 1983 action against
several officers of the Tucson Police Department. Officers
Sean Garnand and Dain Salisbury (collectively,
“Defendants”) are the only remaining defendants. Plaintiffs’
complaint alleged First Amendment retaliation claims
arising from Defendants’ investigation of two arsons that
occurred at properties connected to Mr. Moore.1 Defendants
appeal from the district court’s order denying without
prejudice their motion for summary judgment based on
qualified immunity.
    We have jurisdiction to consider the purely legal issue of
whether, taking as true Plaintiffs’ version of the facts, it was
clearly established that Defendants’ conduct violated their
First Amendment rights. Because Plaintiffs fail to show that
Defendants’ conduct violated clearly established law,
Defendants are entitled to qualified immunity on the First
Amendment claims. Thus, we reverse the district court’s
denial of summary judgment as to the First Amendment
claims.
                       I. BACKGROUND2
   Defendants’ investigation started on the afternoon of
June 8, 2017, when a fire broke out at a building. The cause

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