On May 22, 2021, Michael Jennings, an African American pastor from Childersburg, Alabama, was arrested while watering flowers for his white neighbor. Jennings has now won the right to sue the Alabama police after a federal appeals court overturned an earlier ruling that had blocked his lawsuit.  

At the time of the incident, Jennings had been assisting his out-of-town neighbor by tending to their plants when a different neighbor, disturbed by seeing a Black man in the area, called the police.   

Upon arrival, the officers questioned Jennings, despite him clearly holding a wet hose and watering the plants. Jennings explained that he lived nearby and was a pastor, but when he declined to provide identification, the officers arrested him. Under Alabama law, police cannot demand identification without reasonable suspicion of illegal activity. Still, a district judge initially dismissed Jennings’ case, citing qualified immunity for the officers. 

Jennings, calling the arrest “dehumanizing,” took legal action, arguing his constitutional rights were violated. After the initial dismissal, a three-judge panel from the 11th U.S. Court of Appeals reviewed the case and unanimously determined that the officers lacked probable cause for the arrest. This decision stripped the officers of their qualified immunity, allowing Jennings’ lawsuit to move forward. 

Harry Daniels, Jennings’ attorney, called the ruling a significant victory for both Jennings and justice. He emphasized that footage from the officers’ body cameras clearly shows what transpired, and now Jennings has the chance to prove in court that the officers acted unlawfully. 

 

SOURCE: blacknews.com 

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