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The police acted on probable cause that the group was inciting violence on school property after observing their offensive and disruptive behavior. Additionally, the Plaintiff was given an arraignment, charged with trespassing, disturbing the peace, and inciting a riot, and was released on bail to the custody of his parents. Thus, the police were acting in accordance with the law. So, there was no false arrest.
Conclusion
Upon review of the facts and evidence, it can be clearly seen that the Defendant acted in the best interest of the school in protecting and preserving the campus as a safe and nurturing learning environment....
Furthermore, the Defendant did not violate the Plaintiff's First Amendment Rights because the rights being argued by the Plaintiff do not exist on the limited forum of the school grounds. Additionally, the Plaintiff and his group do not fall into any protected class under the Civil Rights Act, thus their civil rights were not violated. Finally, the God Squad members were rightfully arrested and charged by the police in accordance with local law.
It is the humble request of the Defendant that the case be dismissed on lack of any substantial questions of fact or law.
. Heffron v. International Society for Krishna Consciousness, 452 U.S. 640, 101 S. Ct. 2559, 69 L. Ed. 2d 298 (1981)
Bethel School District No. 403 et al. v. Fraser, A Minor, et al. 478 U.S. 675. (1986).
Ibid
New Jersey v. T.L.O., 469 U.S. 325 (1985)
Hazelwood School District v. Kuhlmeier. 484 U.S. 260 (1988).
42 U.S.C. Sec. 2000e-2
West's Encyclopedia of American Law, edition 2. Copyright 2008 The Gale Group, Inc.
Hazelwood School District v. Kuhlmeier. 484 U.S. 260 (1988).
42 U.S.C. Sec. 2000e-2
West's Encyclopedia of American Law, edition 2. Copyright 2008 The Gale Group, Inc.
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