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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In November 2017, Defendants caused the Tucson
Police Department to open a criminal financial investigation
against Plaintiffs. As part of the investigation, the police
identified companies linked to Plaintiffs and obtained four
subpoenas for the companies’ financial records. These
subpoenas were served on various banks. The investigation
was closed on April 11, 2018, because there was no evidence
that Plaintiffs had committed any crimes.
    On August 13, 2018, Plaintiffs filed a § 1983 action in
federal court against Officer Garnand.3 The suit alleged
Fourth Amendment violations related to the search warrants.
After learning about that suit, Defendants reopened the
criminal investigation against Plaintiffs.       Defendants
questioned two witnesses—the last contractor and the last
tenant present at the property before the fire—and seized the
contractor’s cell phone. Defendants also tried to induce the
Internal Revenue Service (“IRS”) to open a criminal
investigation against Plaintiffs.
    In October and December 2018, Plaintiffs submitted
public records requests to the Tucson Police Department,
seeking all records related to them. In March 2019, Plaintiffs
filed a special action in state court against the City of
Tucson, seeking to compel the disclosure of certain
documents that had been withheld.
    Plaintiffs filed this suit in May 2019. They claim that
Mr. Moore had a First Amendment right to remain silent
when Defendants sought to question him at his office, and
that their lawsuits and requests for information were also
protected First Amendment activities. In retaliation for

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