A federal appeals court ruled on Friday that the police officers who arrested a Black pastor while he was watering his neighbor’s plants can be sued, overturning a lower court’s decision to dismiss the pastor’s lawsuit.
More specifically, a three-judge panel of the U.S. Court of Appeals unanimously ruled that the three agents who arrested Michael Jennings in Childersburg, Alabama, did not have probable cause for the arrest and consequently are not protected by qualified immunity, which protects officers from civil liability while performing their professional duties.
Jennings was arrested in May 2022 after a white neighbor called the police while he was watering a friend’s garden during their time away, and officers claimed they arrested Jennings after he refused to provide proof of identification. However, camera footage revealed that Jennings repeatedly identified himself as “Pastor Jennings” and claimed to live on the other side of the street.
Jennings’ attorneys have argued that the footage reveals that the officers opted to arrest Jennings without probable cause “less than five minutes after” their approach.
“This is a win for Pastor Jennings and a win for justice. The video speaks for itself,” stated 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”.
In December, Chief District Judge R. David Proctor dismissed the lawsuit against the officers, citing qualified immunity.
Also under Alabama law, agents have the legal right to demand the name, address and explanation of an individual in a public place if they “reasonably suspect” the person is committing or about to commit a crime. Nonetheless, the 11th Circuit Court’s decision clarified that officers do not have the legal authority to request physical identification.
Jennings was arrested on charges of obstructing government operations, but the charges were dismissed within days at the request of the police chief. After a few months, the pastor filed a new lawsuit, claiming that the affair violated his constitutional rights and caused ongoing problems such as emotional stress and anxiety.
“This has important implications for anyone who was subjected to unlawful arrest because they would not provide their documents,” Daniels said following the development of the case.
