ke a statement to say [Skovgard] is not the only person that is
protesting here . . . . [b]y leaving his footprints [in the snow along Wheatland Avenue.]”

                                                  3
No. 10-3520
Skovgard v. Pedro
       feet (or a couple of feet) of the roadway.) The officers believed that the edge of the
       roadway marked the Center’s property line.4 The officers several times told Gros and
       Skovgard that they needed to get off the grass and encouraged them to continue their
       protests on the sidewalk, but Gros and Skovgard continued walking in the grass. The
       officers then stated that they would arrest Gros and Skovgard if they did not get off
       the grass, at which time both Gros and Skovgard told the officers that they did not
       have to get off the grass because it was public right-of-way. Gros also mentioned
       that they had been protesting on that property for over twenty years and had never
       been harassed by the police before. Nevertheless, the officers handcuffed and
       arrested Gros and Skovgard for criminal trespass, transporting them to the police
       station and detaining them in the City jail.

                Ultimately, the charges were dismissed against Gros and Skovgard when it
       was determined that they were protesting within the public right-of-way. The public
       right-of-way on Wheatland Avenue extends 25 feet from the centerline of the road.
       It is unclear how wide the road is or how many feet the right-of-way extends into the
       grassy area along Wheatland Avenue.5 . . . .

       C. Facts Pertaining to Municipal Liability

              At his deposition, Lieutenant [James] Knickle [(Knickle)], of the Kettering
       Police Department, testified that Pedro and Mannix acted in accordance with the
       City’s policies, procedures and training, in the course of the arrests of Gros and
       Skovgard, on March 2, 2007. Knickle is familiar with the history of the regular
       presence of prote