Campbell v. City of Birmingham

1 Citing case

  1. Carr v. District of Columbia

    565 F. Supp. 2d 94 (D.D.C. 2008)   Cited 4 times

    The cases cited by the District are distinguishable from this case because the person convicted actually engaged in and furthered unlawful behavior. See United States v. Matthews, 419 F.2d 1177 (D.C. Cir. 1969) (upholding rioting conviction of defendant who stole liquor that had been looted from a store and left nearby); Campbell v. City of Birmingham, 405 So.2d 65 (Ala.Cr.App. 1981) (upholding rioting conviction of defendant who refused an officer's order to leave the premises of the protest and resisted arrest). Therefore, since the District has not provided any particularized showing that any individual plaintiff intended to engage in or further riotous behavior, it cannot sustain its arrest on this ground.