Court Revives Lawsuit of Black Pastor Arrested While Watering Neighbor’s Flowers

Appeals Court Rules in Favor of Pastor Jennings

A federal appeals court has revived a lawsuit filed by Michael Jennings, a Black pastor who was arrested while watering his neighbor’s plants in Childersburg, Alabama. The 11th U.S. Circuit Court of Appeals ruled on Friday that the three officers involved lacked probable cause for the arrest and are not shielded by qualified immunity.

The court’s decision overturns a previous ruling by a lower court judge who had dismissed Jennings’ lawsuit. The three-judge panel’s unanimous ruling allows Jennings to pursue his civil rights case against the officers.

Qualified Immunity Not Applicable, Court Says

Qualified immunity typically protects law enforcement officers from civil liability while performing their duties, provided they don’t violate established legal or constitutional rights. However, the court determined that the officers’ actions in arresting Jennings violated clearly established laws, making them ineligible for this protection.

Jennings’ lead attorney, Harry Daniels, praised the decision, saying, “This is a win for Pastor Jennings and a win for justice. The video speaks for itself. Finally, Pastor Jennings will have his day in court and prove that wearing a badge does not give you the right to break the law.”

The Arrest Incident: Watering Flowers Leads to Controversy

The arrest occurred in May 2022 when a white neighbor called the police, reporting Jennings as a suspicious person while he was watering plants in his friend’s garden. The homeowners were out of town, and Jennings had been asked to care for their plants.

When police officers arrived, they asked Jennings for identification, which he declined to provide. Body camera footage from the incident shows Jennings repeatedly telling officers that he was “Pastor Jennings” and lived across the street. Despite this, officers arrested him within five minutes of their arrival, charging him with obstructing government operations.

Alabama Law on Police Identification Requests

Under Alabama law, police officers can request a person’s name, address, and explanation of their presence if they reasonably suspect that a crime has been or is about to be committed. However, the law does not give officers the authority to demand physical identification.

The charges against Jennings were dropped shortly after his arrest at the request of the police chief, but the pastor filed a lawsuit, claiming that his constitutional rights had been violated and that he had suffered emotional distress.