9th Cir.;
15-35018

The court of appeals reversed in part a judgment and remanded. The court held that evidence supported the plaintiff's claim that a deputy's alleged basis for citing him for obstruction during his attempted observation of buffalo herding was pretextual.

Anthony Reed was a volunteer with the Buffalo Field Campaign, a non-profit conservation organization that sends volunteers to observe and document the herding of buffalo in and near Yellowstone National Park. On May 23, 2012, Reed and another volunteer were in a vehicle attempting to observe the herding of buffalo east into Yellowstone National Park across Highway 191. Agent Rob Tierney of the Montana Department of Livestock was in charge of the haze that day, and Gallatin County Sheriff's Deputy Doug Lieurance was assigned to provide assistance. Upon encountering Reed's vehicle parked near Highway 191, Tierney advised him that he was in the planned herding route and needed to move. Reed drove about 0.6 miles north and parked on a gravel road running parallel to the highway. Based on his prior experience, Reed believed this location put him well out of the way, while still affording a view of the herding. Deputy Lieurance followed Reed to his new location, complained that he had not relocated as he was told to do, and cited him for obstructing a peace officer. Lieurance also told Reed that he would be arrested if he did not move to a location where he would no longer be able to observe the herding. Reed complied. The court later dismissed the citation issued by Lieurance. Reed sued Lieurance, the sheriff's office, and the county for violation of his First and Fourth Amendment rights and for failure to train the county's officers regarding the obstruction statute and the First and Fourth Amendments.