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BY Kofi Oppong Kyekyeku, 3:08pm September 28, 2024,

Court reinstates lawsuit for Black pastor arrested while watering neighbor’s flowers

by Kofi Oppong Kyekyeku, 3:08pm September 28, 2024,
Michael Jennings
Michael Jennings - Photo credit: Childersburg Police Department Body Camera via the Law Offices of Harry Daniels

The case of a Black pastor who was arrested while watering his neighbor’s flowers is taking a new turn. After a lower court dismissed his lawsuit against the police officers involved, a federal court has now issued a new ruling.

On Friday, a federal appeals court ruled that the officers who arrested the pastor can be sued. This decision follows a lower court judge’s dismissal of the pastor’s lawsuit.

A three-judge panel of the 11th U.S. Circuit Court of Appeals unanimously ruled that the officers who arrested Michael Jennings in Childersburg, Alabama, lacked probable cause for the arrest and are not protected by qualified immunity, according to ABC News.

Qualified immunity shields officers from civil liability while performing their duties, as long as their actions do not violate clearly established laws or constitutional rights they should have known about.

Jennings was arrested in May 2022 after a white neighbor reported him to police while he was watering his friend’s garden while they were out of town. The responding officers claimed they arrested Jennings because he refused to provide physical identification. Body camera footage shows that Jennings repeatedly identified himself as “Pastor Jennings” and stated that he lived across the street.

Attorneys for Jennings argued that the footage shows officers decided to arrest him without probable cause “less than five minutes after” they arrived on the scene.

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“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 for the officers and the city of Childersburg are yet to comment on the new ruling as they reportedly did not respond to an emailed request for comment on Friday.

In December, Chief District Judge R. David Proctor had dismissed the case on the grounds of qualified immunity.

Alabama law allows officers to request the name, address, and explanation of a person in a public place if they “reasonably suspect” the person is committing or about to commit a crime. However, the 11th Circuit Court ruled that officers do not have the legal right to demand physical identification.

Jennings was arrested on a charge of obstructing government operations, but the charges were dropped within days at the request of the police chief. The pastor later filed a lawsuit, claiming the arrest violated his constitutional rights and caused lasting harm, including emotional distress and anxiety.

Daniels noted that this ruling could have broader implications for civil rights cases across the state.

“This decision has major implications for anyone subjected to unlawful arrest for refusing to provide an ID,” Daniels said.

READ ALSO: Black student suspended over hairstyle fights to return to Texas school

Last Edited by:Kofi Oppong Kyekyeku Updated: September 28, 2024

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