INTRODUCTION/ASSIGNMENT:

You have asked me to review Hunter Nash's civil rights matter claim involving unlawful arrest and excessive use of force by police officers, to determine strengths and weaknesses of Mr. Nash's case. This is a closed memo, no additional legal research will be conducted, and I have applied only 2 relevant court opinions as rules/legal authority.

FACTS:

Hunter Nash, an independent journalist, was unlawfully arrested and subjected to excessive use of force by police officers while live-streaming a political protest, in O'Fallon, Missouri. During the protest, the police conducted a "kettling" setup, surrounding Nash and 150 other protesters and corralling them into an intersection. One officer "wrenched" Nash's arm to prevent him from recording. Nash asserted his status as a journalist and still ended up being restrained with zip ties, pepper sprayed, and then was forced along with other protesters to sit on the pavement for several hours.

RULES/LEGAL AUTHORITY:

Tirado v. City of Minneapolis, 521 F. Supp. 3d 833 (D. Minn. 2021):

In Tirado v. City of Minneapolis, the plaintiff, Tirado, a journalist,

was injured while covering a protest when a foam bullet fired by a Minneapolis Police Department (MPD) officer causing permanent blindness in her left eye. The court denied the defendants' motion to dismiss, allowing the plaintiff's lawsuit alleging excessive force to proceed.

Glik v. Cunniffe, 655 F.3d 78 (1st Cir. 2011):

In Glik v. Cunniffe, the plaintiff was arrested for recording audio/video of police officers arresting someone in a public park. The court held that the plaintiff had the constitutional right to record officers in a public place, as long as it did not interfere with their duties. The court also concluded that the officers' actions in arresting the plaintiff were not justified and therefor violated his rights.

ISSUES:

1. Does Hunter Nash have a valid claim against the city police officers for use of excessive force and unlawful arrest in violation of his First and Fourth Amendment rights as a journalist while live-streaming, which resulted in a "kettling" incident at a political protest in O'Fallon, Missouri?

BRIEF ANSWERS/SUMMARY CONCLUSION:

1. Yes. Hunter Nash may have grounds to pursue legal action against the city police officers for violating his First and Fourth Amendment rights during the political protest. The alleged use of excessive force and unlawful arrest, particularly as a journalist documenting the event, raises concerns regarding constitutional violations.

LEGAL ANALYSIS:

1. Does Hunter Nash have a valid claim against the city police officers for use of excessive force and unlawful arrest in violation of his First and Fourth Amendment rights as a journalist while live-streaming, which resulted in a "kettling" incident at a political protest in O'Fallon, Missouri?

How would I provide a detailed legal analysis using the court opinions I have used as legal authority in this memorandum?