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contractlawsuittortplaintiffdefendantnegligencetrialpiracy
contracttortplaintiffdefendantnegligenceliabilitytrialmotionrespondentmotion to dismisspiracy

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City of Keene v. Cleaveland, 167 N.H. 731, 118 A.3d 253

Facts

The City of Keene employed parking enforcement officers (PEOs) to monitor parking meters and issue tickets. In December 2012, protestors began following the PEOs, videotaping them, and putting money into expired meters to prevent tickets from being issued. The City filed a lawsuit against the protestors for tortious interference, alleging that their actions created a hostile work environment for the PEOs and hindered their ability to perform their duties. The trial court dismissed the case, citing First Amendment protections for the protestors' speech.

The City filed suit against the respondents, James Cleaveland, Garrett Ean, Kate Ager, Ian Bernard a/k/a Ian Freeman, Graham Colson, and Pete Eyre, because they followed closely behind the City's parking enforcement officers (PEOs) on their daily patrols through downtown Keene, videotaping them, criticizing their work, and putting money into expired parking meters before a parking ticket was issued.

Issue

Did the trial court err in dismissing the City's claims of tortious interference with contractual relations, civil conspiracy, and negligence, and in denying the request for injunctive relief?

The City first argues that the trial court erred when it dismissed the City's tortious interference, civil conspiracy, and negligence claims.

Rule

The First Amendment protects speech on matters of public concern, and states may not regulate speech merely because it is defined as a state-law tort. To establish tortious interference, a plaintiff must show that the defendant intentionally and improperly interfered with a contractual relationship.

To establish liability for tortious interference with contractual relations, a plaintiff must show that: “(1) the plaintiff had an economic relationship with a third party; (2) the defendant knew of this relationship; (3) the defendant intentionally and improperly interfered with this relationship; and (4) the plaintiff was damaged by such interference.”

Analysis

The court analyzed whether the protestors' actions constituted protected speech under the First Amendment. It concluded that the protestors' activities, which included videotaping and criticizing the PEOs, were related to a matter of public concern and occurred in a public forum. The court determined that holding the protestors liable for tortious interference would infringe upon their right to free speech, as their conduct was intended to draw attention to the City's parking enforcement practices.

We hold, therefore, that the First Amendment shields the respondents from tort liability for the challenged conduct.

Conclusion

The Supreme Court affirmed the dismissal of the tortious interference and civil conspiracy claims, holding that the First Amendment barred the City from pursuing these claims. However, it vacated the denial of injunctive relief and remanded for further consideration of the City's request based on public safety interests.

We hold that the trial court erred when, solely because it had dismissed the underlying tortious interference claim, it denied injunctive relief without considering all the factual circumstances of the case.

Who won?

The protestors prevailed in the tortious interference and civil conspiracy claims due to the First Amendment protections of their speech and actions.

The trial court granted the respondents' motion to dismiss. After expressing skepticism as to the viability of the City's tortious interference claim under these circumstances, the trial court concluded that it “need not reach this issue as the enforcement of [the tortious interference claim] is an infringement [up]on the Respondents' right to free speech and expression under the First Amendment of the Federal Constitution.”

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