Fonseca v. Barringer

ICAP represents award-winning radio journalist April Fonseca in challenging her arrest while reporting on the newsworthy clearance of an encampment in a public park in Medford, Oregon. City officials decided to clear the encampment, which formed following a devastating wildfire, because it had become a point of tension within the Medford community. While clearing the encampment, police allowed anyone to enter the park who said they wanted to help the cleanup, but they barred journalists and other observers from entering. When Ms. Fonseca attempted to report on the clearance from inside the park, she was arrested, her recording equipment was seized and searched, and she was taken to jail.

Following dismissal of the criminal charges against her, Ms. Fonseca filed suit alleging that the Medford police officers and officials violated her First Amendment rights to freedom of the press and freedom of speech, as well as her Fourth Amendment right to be free from unreasonable search and seizure. She also asserted state-law claims for false arrest and battery. The defendants claimed qualified immunity.

The district court denied the defendants’ motion for summary judgment in full, and ICAP has joined the case to represent Ms. Fonseca in the appeal of that decision.