A federal appeals court ruled that three police officers who arrested a Black pastor, Michael Jennings, while he watered his neighbor's plants can be sued. This decision reversed an earlier ruling that had dismissed Jennings' lawsuit. The 11th U.S. Court of Appeals unanimously determined that the officers lacked probable cause for the arrest and are not protected by qualified immunity, which typically shields officers from civil liability unless they violate clearly established laws.
Jennings was arrested in May 2022 in Childersburg, Alabama, after a white neighbor called the police, suspecting him of suspicious behavior while he watered his friend's garden. Although Jennings repeatedly identified himself as "Pastor Jennings" and explained that he lived across the street, the officers arrested him for refusing to present physical identification. Body camera footage revealed that the officers arrested Jennings within five minutes of their arrival, despite his repeated explanations.
"This is a win for Pastor Jennings and a win for justice. The video speaks for itself," said Jennings' attorney, Harry Daniels. He added that the ruling ensures Jennings will have his day in court to prove that police officers must act within the law, regardless of their badge.
Alabama law allows officers to request a person's name, address, and reason for being in a public place if there is reasonable suspicion of a crime. However, as clarified by the appeals court, officers do not have the legal right to demand physical identification.
The charges against Jennings, originally for obstructing government operations, were dropped shortly after his arrest at the police chief's request. Jennings later sued, arguing the arrest violated his constitutional rights, causing lasting emotional distress and anxiety. According to Daniels, the court's decision could have broader implications for civil rights cases in Alabama, especially those involving unlawful arrests for refusal to present identification.
Link: Yahoo