HUD Officials Are Held Liable For Violating Protestors' Rights.

Federal housing officials violated the free speech rights of three Berkeley residents who protested plans for a homeless shelter in their neighborhood, the Ninth U.S. Circuit Court of Appeals has ruled.

The court ruled that a Department of Housing and Urban Development officials' eight-month investigation into the activities of project opponents trampled on rights that were clearly protected by the First Amendment. The court held that the five HUD officials (one of whom is now deceased) are individually liable for their actions, clearing the way for a U.S. District Court trial to determine damages.

In a detailed opinion, the Ninth Circuit made clear that HUD officials had gone way too far with an investigation that involved the threat of subpoenas, demands that project opponents stop publishing a newsletter, and directives for the opponents to turn over all documents related to the homeless shelter. In fact, the investigation, which officials in Washington eventually killed, led to permanent changes in …