This section 1983 litigation springs out a small protest in front of a hospital over a man’s alleged mistreatment at the hands of San Antonio Police Department officers. Slip op. at 2-3. The District Court concluded that the Texas Indigenous Council, whose structure and membership were shown to be ethereal, lacked associational standing and dismissed its claims by summary judgment. Id. at 2-9. Additionally, neither the association nor individual plaintiff could show the need for injunctive relief that afforded them standing to pursue such a remedy, so that claim was dismissed as well. Id. at 9-10. On the other hand, the District Court found a fact issue with respect to the officer’s summary judgment evidence on qualified immunity. Id. at 10-15. While acknowledging the latitude officers have in the area of probable cause, the District Court pointed to the small number of protestors—seven—and the location of their peaceful gathering—a wide sidewalk in front of a hospital—in concluding that there was an issue for trial on qualified immunity. Id. at 10-13.
