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GLIK v. CUNNIFFE

No. 10-1764.

655 F.3d 78 (2011)

Simon GLIK, Plaintiff, Appellee, v. John CUNNIFFE, in his individual capacity; Peter J. Savalis, in his individual capacity; Jerome Hall-Brewster, in his individual capacity; City of Boston, Defendants, Appellants.

United States Court of Appeals, First Circuit.

Decided August 26, 2011.

Attorney(s) appearing for the Case

Ian D. Prior , Assistant Corporation Counsel, City of Boston Law Department, with whom William F. Sinnott , Corporation Counsel, and Lisa Skehill Maki , Assistant Corporation Counsel, were on brief, for appellants.

David Milton , with whom Howard Friedman , Law Offices of Howard Friedman, P.C., Sarah Wunsch, and ACLU of Massachusetts were on brief, for appellee.

Anjana Samant and Center for Constitutional Rights on brief for Berkeley Copwatch, Communities United Against Police Brutality, Justice Committee, Milwaukee Police Accountability Coalition, Nodutdol for Korean Community Development, and Portland Copwatch, amici curiae.

Before TORRUELLA, LIPEZ, and HOWARD, Circuit Judges.

LIPEZ, Circuit Judge.

Simon Glik was arrested for using his cell phone's digital video camera to film several police officers arresting a young man on the Boston Common. The charges against Glik, which included violation of Massachusetts's wiretap statute and two other state-law offenses, were subsequently judged baseless and were dismissed. Glik then brought this suit under 42 U.S.C. § 1983, claiming that his arrest for filming the officers constituted a violation...

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