Posted on 10/07/2024 9:05:06 AM PDT by algore
The police officers who arrested a black pastor while he watered his neighbor's flowers can be sued, a federal appeals court has ruled, reversing a lower court judge's decision which had dismissed 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, in May 2022 lacked probable cause for the arrest and are therefore not shielded by qualified immunity.
Cops received a complaint about a strange man and vehicle on the property.
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.
But despite his good intentions and other residents vouching for him - including a neighbor who is white - Jennings was taken to jail and later charged with obstruction of government operation and forced to post $500 bail to get out.
The baffled pastor, who lives in the house across the street, responded: 'I had the water hose in my hand! I was watering the flowers.'
Body camera footage showed three officers from Childersburg Police Department screaming at Jennings as he refused to provide identification - before he was ushered away in handcuffs.
A white resident could even be seen intervening as she told officers that Jennings lived next door - insisting that he was friends with the homeowner who had left earlier that day.
'He lives right there,' the woman told police while pointing at Jennings' property.
(Excerpt) Read more at dailymail.co.uk ...
Illegals should have to carry insurance as well.
Don’t fight the cops on the street(I ain’t showing you my ID). Do it in court.
does race have anything whatsoever to do with this happening?
unfortunately probably so.
Where I live racism is not really a thing, but I have been in areas where it I could not even believe the racism I was witnessing.
There have been a few Presidents lately who have fomented it too.
Ya think?
Police tend to regard a complaint as probable cause to detain/arrest someone. It doesn’t matter who complained.
ditto for politicians
That would be better advice if police officers and the like were held personally liable for their official misconduct. End 'qualified immunity', replace with liability insurance paid directly by the insured. Bad cops would become uninsurable cops, and therefore unemployable as cops.
Interestingly, the 11th circuit just denied the right to sue the FBI for kicking in the door at 3am of the wrong house and the mayhem that followed. The difference is that the FBI knew in advance the info (right address), the police didn't.
Well, that's a good way to guarantee there won't be enough of them. Or, they'll simply negotiate a contract that includes an additional amount sufficient to cover the cost of their insurance, so the taxpayers will pay for it anyway.
What's the problem with what happened here? The cops were out of line, and their getting sued. It doesn't say if they're getting disciplined or not, but isn't this the right result?
Hannity’s 99%
the man may not have had his id on him.
a bunch of neighbors vouched for him
so they absolutely did know he lived across the street.
They were just being assholes and the court recognized that.
He didn't have to provide ID. That's an unconstitutional arrest right there.
True enough. Our car ins rates just went up. Rumor has it that it’s due to the increase in uninsured “persons” unfamiliar with American laws and rules causing an increase in costs. Who knows? Could be Trumpoganda as some call it. 😊👍
I’ve been falsely arrested before and spent 48 hours in jail
Judge was on circuit
They thought I was someone else same name
Where’s my pay off?
https://www.youtube.com/watch?v=mHgeSTi-7tE
I am a firm believer that every judgement against a police officer misusing their authority should come out of the DEPARTMENT’S PENSION FUND!
The so-called “good” officers would be much better motivated to weed out the “problem” officers, wouldn’t they?
Agreed.
They should all be Criminally Charged for Kidnapping, Extortion, Aggravated Assault,k Using a Firearm during the commission of a Violent Felony,... sounds like 30 years easy.
Lose the ego or one could lose their life. And, DO NOT say anything. No one is required to speak. Some would that is BS or you’re a chicken.......self preservation!
Not much worth mentioning has happened in Childersburg since my Grandfather quit running his “rolling store” through there in 1939.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.