Sixth Circuit
Zulock v. Shures, 441 Fed. Appx. 294, 305 (6th Cir. 2010) (“As at the time of the arrest Zulock had taken no threatening actions other than saying ‘fuck you’ four or five times to Shures, Shures did not have probable cause to arrest Zulock for felony assault.”).
Eighth Circuit
Garcia v. City of New Hope, 19-1836, 2021 WL 28012, at *9 (8th Cir. Jan. 5, 2021) (stating that “Garcia’s raising his middle finger at Officer Baker is a rude and offensive gesture but nonetheless, under current precedent, is a constitutionally protected speech activity”).
Ganley v. Lilliard, CV 08-5048 (RHK/JSM), 2009 WL 10710721, at *6 (D. Minn. Oct. 8, 2009) (“According to Ganley, his only actions were to closely observe and verbally criticize an arrest. This assertion is corroborated by other witnesses. These facts, which must be accepted for the purposes of the present Motion, cannot constitute arguable probable cause for riot, disorderly conduct, or interference with an arrest.”).
Stufflebeam v. Harris, 521 F.3d 884, 888-89 (8th Cir. 2008) (“Here, Harris acted contrary to the plain meaning of Rule 2.2(b) and the law of Arkansas as clearly established in Meadows by prolonging the detention and then arresting Stufflebeam, a passenger not suspected of criminal activity, because he adamantly refused to comply with an unlawful demand that he identify himself. Like the local police officers in Walker, 414 F.3d at 993, Harris invoked § 5–54–102(a)(1) in circumstances in which no reasonable police officer could believe he had probable cause to arrest this stubborn and irritating, but law abiding citizen.”).