this post was submitted on 30 Sep 2024
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Court revives lawsuit of Black pastor who was arrested while watering his neighbor's flowers (apnews.com)
submitted 1 month ago by MicroWave@lemmy.world to c/news@lemmy.world
26 comments fedilink hide all child comments
 

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.

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[–] TheOneCurly@lemm.ee 49 points 1 month ago* (last edited 1 month ago) (2 children)

Jennings was already in the back of a patrol car by the time Roberson, the white woman who called police, emerged. Jennings, she told officers, was a neighbor and a friend of the home’s owner, Roy Milam.

“OK. Does he have permission here to be watering flowers?” Smith asked.

“He may, because they are friends,” she replied. “They went out of town today. He may be watering their flowers. It would be completely normal.”

Milam told the AP that was exactly what happened: He’d asked Jennings to water his wife’s flowers while they were camping in the Tennessee mountains for a few days.

Watering flowers wasn’t the problem, Smith told Roberson. The issue, he said, was Jennings’ refusal to provide identification after acting “suspicious.”

Realizing that she’d called police because one neighbor was watering another’s flowers, Roberson said: “This is probably my fault.”

A few moments later, officers told Roberson that a license plate check showed the gold sport utility vehicle that prompted her call in the first place belonged to Milam. They got Jennings out of the patrol car and he told them his first and last name.

“I didn’t know it was him,” Roberson told police. “I’m sorry about that.”

https://apnews.com/article/alabama-arrests-race-and-ethnicity-e8638d2a3c479526abee0acb894356d8

Nope, racist neighbors and racist cops

[–] dhork@lemmy.world 28 points 1 month ago

“I didn’t know it was him,” Roberson told police. “I’m sorry about that.”

She was probably thinking "How can I tell them apart? They all look the same to me" but at least had the sense not to say it out loud.