The Alabama pastor who was arrested while watering his neighbor’s flowers can proceed with his federal lawsuit against the City of Childersburg and three of its officers after a three-judge panel reversed a lower court’s decision to dismiss the case.
Michael Jennings, pastor of Vision of Abundant Life Ministries in Sylacauga, accuses the Officers Christopher Smith and Justin Gable, Sgt. Jeremy Brooks and the city of violating constitutional rights that protect him from unlawful arrest and guarantee free speech.
Video of Jennings’ 2022 arrest went viral; a white neighbor called 911 and said a “younger Black male” and gold SUV were at the house while the owners — who are friends of Jennings and had asked him to watch their home — were away.
Jennings identified himself as “Pastor Jennings” but refused to provide identification to the officers, who arrested him on a charge of obstructing government operations after a 20-minute confrontation that included raised voices on both sides.
The pastor filed a federal lawsuit in September 2022, claiming the encounter caused lingering problems including emotional distress and anxiety.
Chief U.S. District Court Judge R. David Proctor dismissed the lawsuit in December 2023, ruling that the officers and the city had qualified immunity that protected them from legal liability.
But in their 3-0 decision, the panel of U.S. 11th Circuit Court of Appeals judges found the officers “lacked even arguable probable cause” to arrest Jennings.
“Accordingly, we reverse the district court’s grant of summary judgment on Jennings’ unlawful arrest claim because the officers are not entitled to qualified immunity,” the judges wrote in the decision.
Harry Daniels, one of three attorneys representing Jennings, hailed the decision as a victory.
“This is a win for Pastor Jennings and a win for justice,” said Daniels. “The video speaks for itself. These officers decided they were going to arrest Pastor Jennings without probable cause less than five minutes after they pulled up and then tried to rewrite history claiming he hadn’t identified himself when that was the first thing he did.”