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.
Just Another case of doing normal things while dark. It’s crazy to me. How many years more until this idea gets diluted to the void?
Yeah, the cops are assholes, but what about the neighbor who was so petrified of a black man watering a garden that
heshe called the cops? Especially since said black man lived across the street? It seems absurd to me that this neighbor, who is so vigilant about protecting and watchinghisher neighborhood, didn’t recognize the guy from across the street.These stories always start with a nosy, racist neighbor, who never faces any consequences for starting it all.
It’s Alabama.
This is exactly Why I’m conflicted about doxxing.
Social pressure picks up where the legal system stops; it’s the thing that encourages good manners and politeness, because those can’t (and shouldn’t be) be regulated. Shaming is a powerful force, and can be a force for good.
Shaming can also be a force for ill, and the downsides of doxxing probably outweigh the upsides. But still… I think we’re missing a mechanism that would normally moderate bad social and ethical behaviors like this.
There will always be ignorant asshole neighbors. It’s law enforcement’s responsibility to uphold your right regardless of what calls they get. If they’d investigate more before taking action they might get more trust from the public.
Maybe.
Just maybe.
The cops lied about a call.
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
“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.
Women and cops can get away with anything as long as they are skeerd.
ACAB, of course, but there’s more nosy, racist neighbors out there than police. Back when I worked in residential, we had the cops called on us (black coworker) because we delivered a TV
2 cop cars rolled up on us as we loaded the broken TV into our company-branded van in our company-branded shirts. Thankfully the truth of the situation was obvious. The woman who called said she saw two black guys climb the 3 story building and break in through the window on the roof deck…but I had the security logs showing I unlocked their door using their home automation controller. Not to mention that my coworker was a short, round guy. The man can barely climb a ladder, let alone scale a building.
Like I said, they were cool about it but it still wasted half an hour of our day. My coworker said he knew exactly who called…a little old white woman across the street he spotted mean mugging us.
In a better world, the cops would have laughed it off with you and then went right to the woman who reported it and charged her with… something? She didn’t file a false report, and she isn’t interfering with a case. Maybe interfering with the officers in their duty or something? She clearly lied and wasted everyone’s time.
They sure are willing to waste a lot of taxpayer money making sure cops can’t get sued.
I realize that this sort of thing elicits more sympathy in America, but the fact that he’s a pastor is irrelevant. That should not have happened to anyone. It was an injustice independent of what he does on Sundays.
Well you see, being black in America means guilty until proven less guilty. Every story about the justice system harming a black person needs extra fluff to make the black person more sympathetic. Otherwise the predominantly white population can’t relate. It’s not like the police would arrest them for being a good neighbor.
That’s the sad truth. That he’s a pastor is what, for some reason, makes this unjust. If he was, say, an accountant, would this even be in the news?
They need extra reasons to think critically. There are still those that think George Floyd deserved to be killed on the street because of his criminal past and drug addiction. Or the recent executions of known innocent black men. Most white southerns and Republicans still like a good old lynching.
I know. It just makes me so sad that they can’t look at a black person and recognize them as a human being. They need this extra justification.
That lower court judge needs to be looked into.
Bet he’s white and republican.
White? Check.
Nominated by GW Bush? Check.
Looks EXACTLY like the stereotypical Southern racist redneck? Check.
