Nichols v. Chacon

MEMORANDUM OPINION

H. FRANKLIN WATERS, District Judge.

This case is before the court on the parties’ cross-motions for summary judgment. 1 The facts of this case are undisputed.

Two legal questions are presented: First, were the plaintiffs constitutional rights violated when he was charged with disorderly conduct for having “flipped off’ the defendant, a state trooper? Second, at the time this incident occurred, could the state trooper reasonably have believed plaintiffs action constituted disorderly conduct under the applicable state criminal statute?

I. FACTS

On August 6, 1998, at approximately…