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.
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.