Oberwetter v. Hilliard, et al.

Appellant filed a suit against appellees, including the police officer that arrested her, alleging violations of her First and Fourth Amendment rights where the officer arrested her when she refused to stop what she described as "silent expressive dancing" inside the Jefferson Memorial. At issue was whether the district court properly dismissed appellant's complaint for failure to state a claim. The court affirmed the dismissal and held that appellant was lawfully arrested for violating the reasonable regulations that govern the Jefferson Memorial, a nonpublic forum reserved for the tranquil commemoration of Mr. Jefferson's legacy, and that the officer had probable cause to make the arrest and used reasonable force to subdue her without injury after she twice refused his lawful orders.