TO: Paralegal

FROM: Daire Irwin, Supervising Attorney

Date: January 5, 2020

RE: Nash v. City of O'Fallon, Missouri

ASSIGNMENT:Hunter Nash has requested that our office represent him in a civil rights matter addressing unlawful arrest and the excessive use of force by police officers. Please review the following facts of the case, research and thoroughly apply 2 relevant court opinions, to determine the strengths and weaknesses of Mr. Nash's case. Discuss whether you think he has a valid claim against the city police department based on the law you have located.

In preparing your memorandum, please consult the sample Legal Memorandums in Statsky and the Attorney Preferences for Interoffice Memos in Week Five Lesson Notes Folder

Prior to beginning your research for this assignment, create a folder on Westlaw and name as follows:[Your last name] Memo 3 Research.Save all research related to your memo to this folder for submission.

FACTS:Hunter Nash, is an independent journalist with a popular blog and YouTube channel.While live-streaming a large political protest in O'Fallon, Missouri, Nash was caught up in a "kettling" incident when lines of heavily armed police in full riot gear surrounded protesters and corralled them into an intersection.More than 150 people, including Nash, were held in that location while police processed arrests and then transported individuals to headquarters.During this time, one officer violently wrenched Nash's arm behind his back in an attempt to stop him from recording the events with his cell phone.When Nash protested and asserted his status as a journalist, he was zip tied, sprayed with pepper spray, and forced to sit on the pavement with other detainees for several hours.

Requirements

Research, correctly cite and thoroughly apply at least 2 relevant court opinions.

Cases may be mandatory or persuasive; the weight of yourlegal authoritywill be considered in grading.

Fully discuss your arguments as well as those to be anticipated by the opposition.

list all sections of the memo according to Attorney Preferences.

Embellish facts as necessary but use care to ensure that any embellishments do not change the legal issues.

All citations must conform to Bluebook guidelines.