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Moss v. US Secret Serv., No. 07-36018

In a Bivens action claiming that Defendant Secret Service agents violated plaintiffs' First Amendment rights when they ordered the relocation of a demonstration, denial of defendants' motion to dismiss based on qualified immunity is reversed where the bald allegation of impermissible motive on the agents' part, standing alone, was conclusory and was therefore not entitled to an assumption of truth.

Read Moss v. US Secret Serv., No. 07-36018

Appellate Information

Argued and Submitted October 24, 2008

Submission Vacated and Deferred December 17, 2008

Resubmitted June 25, 2009

Filed July 16, 2009


Opinion by Judge Tashima


For Appellants:

Edward Himmelfarb, U.S. Department of Justice, Civil Division, Washington, DC

For Appellees:

Steven M. Wilker, Tonkon Torp LLP, Portland, OR