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Religion & Law

: Constitutionally Correct

Pro-Life Demonstrator Loses Damage Action Against Park Service Officers On Qualified Immunity Grounds

By ADF Alliance Alert

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Religion Clause Blog: Last June, in United States v. Marcavage, the 3rd Circuit vacated Marcavage's conviction for interfering with an agency function, finding that the sidewalk on which he was demonstrating was a traditional public forum.  Now, however, in Marcavage v. National Park Service, (ED PA, March 9, 2011), a Pennsylvania federal district court held that while a damage action under Bivens action may be brought against federal officials for 1st Amendment violations, the Park Service officers involved have qualified immunity.

Full post as published by Constitutionally Correct on March 15, 2011 (boomark / email).

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