Appeals Court decides cops won't get 'qualified immunity' for arrest of Louisiana man over COVID joke posted to Facebook in 2020
Appeals Court decides cops won't get 'qualified immunity' for arrest of Louisiana man over COVID joke posted to Facebook in 2020
A detective should have known the First Amendment protected a jokester’s
Waylon Bailey was working in his garage at home on March 20, 2020, when a dozen SWAT team deputies in bulletproof vests showed up with their guns out, without a warrant, ordered him to get on his knees and handcuffed him.
But Bailey was no dangerous criminal.
Bored and antsy earlier that day amid the onset of the Covid-19 pandemic, he had decided to try his hand at comedy.
He posted a message on Facebook: “SHARE SHARE SHARE ! ! ! !” he wrote. “JUST IN: RAPIDES PARISH SHERIFF’S OFFICE HAVE ISSUED THE ORDER, IF DEPUTIES COME INTO CONTACT WITH ‘THE INFECTED’ SHOOT ON SIGHT …. Lord have mercy on us all.”
Bailey added the hashtags #Covid9teen and #weneedyoubradpitt, the latter a reference to the 2013 zombie film “World War Z” starring Brad Pitt.
Supervising officers at the sheriff’s department saw the post and assigned Detective Randell Iles to investigate. Iles determined Bailey had broken a state statute against “terrorizing” and brought the SWAT team to arrest him.
How is this a victory? The guy still was arrested and threatened, and it will happen again to someone else.
The article doesn't really say it, but the nullifying 'qualified immunity' means the victim can sue.
It's as close to a victory as we the people are allowed. :)
Huh. A win for citizens? This doesn't sound right.
More of a half win. He still has to sue and win.
Oh, and the cops won't be paying out of pocket if they lose. The taxpayers do.