## Facts

- Benjamin K. Orin, a member of an anti-abortion group, went unannounced to Olympic Community College (OCC) to arrange a demonstration on the main quad using graphic posters.
- OCC’s interim dean of students, Richard Barclay, stated that a permit was required but allowed the event to proceed without one if Orin agreed to conditions: (1) no disturbance, (2) no interference with campus activities or building access, and (3) no “religious worship or instruction.”
- The demonstration lasted about four hours and drew fluctuating crowds, at times up to roughly 100 people; administrators received student complaints about disruption and access.
- Campus security concluded Orin was violating the conditions and directed him to leave; he refused.
- City police arrived, twice ordered Orin to leave, and arrested him for criminal trespass and failure to disperse under Washington law.
- Charges were dismissed; Orin sued under 42 U.S.C. §§ 1983 and 1985(3) and asserted related state-law tort claims.
- The district court granted summary judgment for all defendants on all claims; Orin appealed.

## Issues

1. Whether conditioning Orin’s ability to demonstrate on OCC’s quad on refraining from “religious worship or instruction” violated the First Amendment and whether that right was clearly established for qualified-immunity purposes.
2. Whether the police officers had arguable probable cause to arrest Orin for trespass and failure to disperse, entitling them to qualified immunity.
3. Whether the City of Bremerton could be liable under § 1983 absent evidence of a municipal policy or custom causing the alleged constitutional violation.
4. Whether Orin’s state-law tort claims could survive summary judgment, particularly those tied to the asserted First Amendment violation.

## Decision

- Affirmed in part and reversed in part.
- Reversed summary judgment (and denied qualified immunity in part) as to Barclay and relevant college officials on the First Amendment claim challenging the condition barring “religious worship or instruction.”
- Affirmed summary judgment for the police officers because a reasonable officer could believe there was probable cause (or arguable probable cause) to arrest, entitling the officers to qualified immunity.
- Affirmed summary judgment for the City of Bremerton due to lack of evidence of a municipal policy or custom under Monell principles.
- Largely affirmed dismissal of state-law tort claims, while allowing any such claims tied to the unresolved First Amendment dispute against Barclay/OCC to proceed to the extent dependent on that issue.

## Legal Principles

- A public college may impose content-neutral time, place, and manner limits in an appropriate campus forum to maintain order and ensure access, if applied without regard to viewpoint.
- A restriction singling out religious expression (e.g., banning “religious worship or instruction” while permitting secular advocacy on the same topic) is content-based and may constitute viewpoint discrimination.
- Qualified immunity is unavailable to an official who violates clearly established law; by 1997 it was clearly established that religious speech generally may not be excluded from an otherwise open forum because it is religious.
- Police officers are entitled to qualified immunity when they reasonably rely on institutional officials’ representations about permission to remain on property and reasonably (even if mistakenly) conclude probable cause exists for trespass-type offenses.
- Municipal liability under § 1983 requires proof that a municipal policy or custom caused the constitutional violation; it cannot rest solely on respondeat superior.

## Conclusion

The Ninth Circuit allowed Orin to pursue a First Amendment claim against the college official who conditioned campus protest activity on refraining from religious speech, holding that such exclusion was clearly unconstitutional for qualified-immunity purposes, but it barred damages claims against the responding police and the city because the arrest was reasonably supported by arguable probable cause and no municipal policy or custom was shown.


Orin v. Barclay, 272 F.3d 1207 (9th Cir. 2001)