Lawsuit involving Facebook post about guns and kindergartners heads back to court

A federal appeals court has reversed a lower-court ruling that had thrown out a civil suit against three Jackson police officers who arrested a Cape Girardeau man for a satirical Facebook post that talked of shooting kindergarten students.

In a 10-page ruling late last week, the 8th Circuit Court of Appeals ruled the officers were not entitled to �qualified immunity� from the lawsuit and remanded the case back to federal district court in Cape Girardeau.

Qualified immunity is designed to shield officers from liability when they engage in conduct �not clearly outside the realm of what the Constitution permits,� the appeals court said.

But the court said in this case if the officers had conducted even a �minimal further investigation� they would have found the post was �not a true threat.�

The civil suit, seeking damages, was brought by James Ross of Cape Girardeau.

Ross� suit accuses the officers of violating his constitutional rights regarding free speech and arresting and detaining him without probable cause.

According to court documents, Ross was an active user of Facebook.

On Jan. 25, 2015, a Facebook friend posted an image showing various firearms below the title, �Why I need a gun.� The post included uses for each type of weapon, including an assault rifle.

According to the appeals court, Ross interpreted the post as advocating against gun control.

Ross, who favors gun control measures, posted a response. �Which one do I need to shoot up a kindergarten?� he asked before logging off Facebook.

The original post and Ross� comment soon were deleted, but not before a cousin of the person who posted the original meme took a screenshot of it. That screenshot was eventually shared with then-Jackson police officer Ryan Medlin, who has since left the department.

Medlin forwarded the screenshot to Jackson officers Anthony Henson and Toby Freeman, who arrested Ross on Jan. 26, 2015, at his place of employment, Casey�s General Store in Fruitland.

At the police station, Ross explained his Facebook comment was �meant to be a joke,� according to court records.

Ross was held at the police station until the next day when he was served with a warrant for �peace disturbance.�

He was transferred to the Cape Girardeau County Jail where he was housed for several days until he bonded out by paying $1,000 in cash.

On April 7, 2015, the peace disturbance charge was dismissed, court records show.

In June 2015, Ross filed a federal lawsuit alleging the officers had violated his constitutional rights under the First and Fourth amendments. The suit seeks damages.

The First Amendment protects free speech. Under the Fourth Amendment, �probable cause� is required to issue warrants.

U.S. District Court Judge Ronnie White granted summary judgment in favor of the officers in January 2017, concluding they had immunity for their actions.

In his decision, White said officers �could reasonably believe at the time of arrest that plaintiff was threatening to shoot up an area kindergarten.�

White wrote the Jackson school superintendent �considered locking down the schools with kindergartens after viewing the statement.�

Ross appealed the judge�s decision.

In overturning the lower court�s ruling, a three-judge panel of the appeals court wrote �the officers conducted no investigation� into the context of the statement, the fact that Ross did not have a history of violence or Ross� political beliefs about gun ownership or gun control measures.�

The appeals court wrote it is �well established that a warrantless arrest without probable cause violates� an individual�s constitutional rights.

The appellate judges said the officers were justified in investigating the Facebook comment.

�In current times and in light of current events, the statement demonstrated, at a minimum, questionable judgment,� the court said.

But state law does not apply to any speech that is not a �true threat� and �a reasonable officer would have understood that,� the appeals court said.

The appeals court said, �Ross tried to explain what was meant by his comment and provide the officers with more context about the post, but the officers did not give him that opportunity until after he was booked at the police station.�

After interviewing Ross, �officers indicated that they did not think the charges would stick, i.e., they did not believe he had truly made a �terrorist threat,�� the appeals court said.

Ross was nonetheless charged with peace disturbance and held in custody for several days despite the fact that had the officers done further investigation they would have found �the only reasonable conclusion� is that Ross did not commit a crime, the appeals court said.

Ross� attorney, Adam Gohn, welcomed the ruling. He said Tuesday his client�s Facebook comment �may be a little bit provocative� but is �part of political discourse.�

Going forward, Gohn said the officers could appeal the ruling. The case also could go to trial or the parties could agree to a settlement, he said.

mbliss@semissourian.com

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