Current:Home > InvestCourt revives lawsuit of Black pastor who was arrested while watering his neighbor’s flowers -VitalWealth Strategies
Court revives lawsuit of Black pastor who was arrested while watering his neighbor’s flowers
View
Date:2025-04-13 14:25:59
Montgomery, Ala. (AP) — The police officers who arrested a Black pastor while he watered his neighbor’s plants can be sued, a federal appeals court ruled Friday, reversing a lower court judge’s decision to dismiss the pastor’s lawsuit.
A three-judge panel of the 11th U.S. Court of Appeals unanimously ruled that the three officers who arrested Michael Jennings in Childersburg, Alabama, lacked probable cause for the arrest and are therefore not shielded by qualified immunity.
Qualified immunity protects officers from civil liability while performing their duties as long as their actions don’t violate clearly established law or constitutional rights which they should have known about.
Jennings was arrested in May 2022 after a white neighbor reported him to police as he was watering his friend’s garden while they were out of town. The responding officers said they arrested Jennings because he refused to provide a physical ID. Body camera footage shows that the man repeatedly told officers he was “Pastor Jennings” and that he lived across the street.
Attorneys for Jennings argued that the footage shows that the officers decided to arrest Jennings without probable cause “less than five minutes after” they arrived.
“This is a win for Pastor Jennings and a win for justice. The video speaks for itself,” said Harry Daniels, the lead attorney for Jennings. “Finally, Pastor Jennings will have his day in court and prove that wearing a badge does not give you the right to break the law.”
Attorneys representing the officers involved, as well as the city of Childersburg, did not respond to an emailed request for comment on Friday.
In December, Chief District Judge R. David Proctor had dismissed the case against the officers on the basis of qualified immunity.
Alabama law states officers have a right to request the name, address and explanation of a person in a public place if he “reasonably suspects” that person is committing or about to commit a crime, but an officer does not have a legal right to demand physical identification, the 11th circuit court decision said.
Jennings was arrested on a charge of obstructing government operations. Those charges were dismissed within days at the request of the police chief. The pastor then filed a lawsuit a few months later, saying the ordeal violated his constitutional rights and caused lingering problems including emotional distress and anxiety.
Daniels, the lead attorney for Jennings, said that the decision could affect other ongoing civil rights cases across the state.
“This has major implications for anyone who has been subjected to unlawful arrest because they wouldn’t give their ID,” said Daniels.
___
Riddle reported from Montgomery. Riddle is a corps member for The Associated Press/Report for America Statehouse News Initiative. Report for America is a nonprofit national service program that places journalists in local newsrooms to report on undercovered issues.
veryGood! (2)
Related
- Selena Gomez's "Weird Uncles" Steve Martin and Martin Short React to Her Engagement
- The Lions might actually be ... good? Soaring hype puts Detroit in rare territory.
- 5 asteroids passing by Earth this week, 3 the size of planes, NASA says
- Iowa State QB Hunter Dekkers among 5 ISU, Iowa athletes to plead guilty to underage gambling
- Angelina Jolie nearly fainted making Maria Callas movie: 'My body wasn’t strong enough'
- Ariana Grande Shows Subtle Sign of Support as Ethan Slater Returns to Instagram
- The perilous hunt for PPP fraud and the hot tip that wasn't
- 'Is that your hair?' Tennessee woman sets Guinness World Record for longest mullet
- From family road trips to travel woes: Americans are navigating skyrocketing holiday costs
- Environmentalists lose latest court battle against liquified natural gas project in Louisiana
Ranking
- Kentucky Gov. Andy Beshear ready to campaign for Harris-Walz after losing out for spot on the ticket
- Christie says DeSantis put ‘politics ahead of his job’ by not seeing Biden during hurricane visit
- Gigi Hadid, Emily Ratajkowski and More Stars Stun at Victoria's Secret World Tour 2023 Red Carpet
- 'She loved the island:' Family of Maui woman who died in wildfires sues county, state
- Report: Lauri Markkanen signs 5-year, $238 million extension with Utah Jazz
- DeSantis appoints Moms for Liberty co-founder to board overseeing state employee conduct
- How much are NFL tickets in 2023? See what teams have the cheapest, most expensive prices
- Yankees' Giancarlo Stanton blasts 400th career home run
Recommendation
Will the 'Yellowstone' finale be the last episode? What we know about Season 6, spinoffs
Texas AG Ken Paxton’s impeachment trial begins with a former ally who reported him to the FBI
Iowa State QB Hunter Dekkers among 5 ISU, Iowa athletes to plead guilty to underage gambling
Winners and losers of 'Hard Knocks' with the Jets: Aaron Rodgers, Robert Saleh stand out
NCAA hits former Michigan coach Jim Harbaugh with suspension, show-cause for recruiting violations
America’s state supreme courts are looking less and less like America
Tom Brady will toss passes for Delta Air Lines. The retired quarterback will be a strategic adviser
Jenni Hermoso accuses Luis Rubiales of sexual assault for World Cup kiss