In a section 1983 action, the Sixth Circuit Court of Appeals reversed the district court's grant of summary judgment in favor of defendant, an off-duty police officer acting as a security guard at an Indian's baseball game. The officer arrested the plaintiff for disorderly conduct, allegedly because of his profane heckling. The plaintiff denied that his heckling was profane and offensive. The trial court granted summary judgment to the defendant based on qualified immunity. The appellate court found that, taking the facts in a light most favorable to the plaintiff, the defendant did not have qualified immunity. Viewing the facts in favor of the plaintiff, his clearly established constitutional rights were violated. Many of the fans were heckling and rowdy behavior was commonplace at games. Thus, plaintiff's speech was not offensive, and the officer lacked probable cause to arrest. Calling a ball player a "fat ass" did not constitute "fighting words", so the statement was constitutionally protected. Swiecicki v. Delgado (Sept. 15, 2006), Sixth Circuit Case No. 05-4036. See Fan's Insults Crude but Legal by Bill Sloat, The Plain Dealer, Sept. 29, 2006.