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.

  • dhork@lemmy.world
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    2 months ago

    Yeah, the cops are assholes, but what about the neighbor who was so petrified of a black man watering a garden that he she 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 watching his her 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.

    • legion02@lemmy.world
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      2 months ago

      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.

      • glimse@lemmy.world
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        2 months ago

        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.

        • dogslayeggs@lemmy.world
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          2 months ago

          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.

  • Flying Squid@lemmy.world
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    2 months ago

    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.

    • NatakuNox@lemmy.world
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      2 months ago

      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.

      • Flying Squid@lemmy.world
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        2 months ago

        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?

        • NatakuNox@lemmy.world
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          2 months ago

          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.

          • Flying Squid@lemmy.world
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            2 months ago

            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.