Montgomery, Ala. (AP) 鈥 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 , 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鈥檛 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鈥檚 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 鈥淧astor Jennings鈥 and that he lived across the street.
Attorneys for Jennings argued that the footage shows that the officers decided to arrest Jennings without probable cause 鈥渓ess than five minutes after鈥 they arrived.
鈥淭his is a win for Pastor Jennings and a win for justice. The video speaks for itself,鈥 said Harry Daniels, the lead attorney for Jennings. 鈥淔inally, Pastor Jennings will have his day in court and prove that wearing a badge does not give you the right to break the law.鈥
Attorneys representing the officers involved, as well as the city of Childersburg, did not respond to an emailed request for comment on Friday.
In December, Chief District Judge R. David Proctor had dismissed the case against the officers on the basis of qualified immunity.
Alabama law states officers have a right to request the name, address and explanation of a person in a public place if he 鈥渞easonably suspects鈥 that person is committing or about to commit a crime, but an officer does not have a legal right to demand physical identification, the 11th circuit court decision said.
Jennings was arrested on a charge of obstructing government operations. Those charges were dismissed within days at the request of the police chief. The pastor then , saying the ordeal violated his constitutional rights and caused lingering problems including emotional distress and anxiety.
Daniels, the lead attorney for Jennings, said that the decision could affect other ongoing civil rights cases across the state.
鈥淭his has major implications for anyone who has been subjected to unlawful arrest because they wouldn't give their ID,鈥 said Daniels.
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Riddle reported from Montgomery. Riddle is a corps member for The Associated Press/Report for America Statehouse News Initiative. is a nonprofit national service program that places journalists in local newsrooms to report on undercovered issues.
