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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exercising those rights, Defendants allegedly, without any
reasonable suspicion, opened a criminal investigation
against Plaintiffs; obtained four subpoenas for their
companies’ financial records; interviewed two witnesses;
attempted to induce the IRS into opening a criminal
investigation against Plaintiffs; and reopened the criminal
investigation against Plaintiffs after it had been closed.4
Additionally, as to the First Amendment claim based on Mr.
Moore’s silence, Plaintiffs allege that Defendants also
retaliated by arresting Mr. Moore and obtaining and
executing the search warrant for Mr. Moore’s office and the
Moores’ home.
    In December 2021, a magistrate judge granted
Defendants leave to file their oversized motion for summary
judgment based on qualified immunity. That same day, the
district court lifted its order granting Defendants’ law
enforcement investigatory privilege (“LEIP”), which had
been in effect since December 2019 and significantly limited
Plaintiffs’ scope of discovery. Plaintiffs moved to stay
summary judgment briefing under Federal Rule of Civil
Procedure 56(d),5 arguing that they had been unable to

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