Early in the morning Abade Irizarry, a YouTube journalist and blogger, was filming a DUI traffic stop in Lakewood, Colorado. Officer Ahmed Yehia arrived on the scene and stood in front of Mr. Irizarry, obstructing his filming of the stop.
When Mr. Irizarry and a fellow journalist objected, Officer Yehia shined a flashlight into Mr. Irizarry’s camera and then drove his police cruiser at the two journalists.
The district court dismissed the complaint for failure to state a claim. It determined that Mr. Irizarry had alleged a constitutional violation but held that Officer Yehia was entitled to qualified immunity because the violation was not one of clearly established law.
Mr. Irizarry, proceeding pro se, sued Officer Yehia under § 1983, claiming that the officer violated his First Amendment rights.
He alleged that (1) Officer Yehia’s actions amounted to a “blatant prior restraint” and (2) Officer Yehia deprived him of his “rights to freedom of the press.” The complaint also stated that Officer Yehia sought “to punish [Mr. Irizarry] for exercising his rights.”
CONCLUSION The Appeals court reverse and remand the case back to the district court for further proceedings as the officer was DENIED qualified immunity.
NOTE: We don’t condone threats or violence of any kind. If you are upset or outraged by acts of government misconduct featured in this video, we encourage you to utilize lawful means of expression, including becoming involved in the political process, as well as seeking accountability through the judicial system.
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