Jackson city, police officers reach lawsuit settlement with Cape man over Facebook post

A Cape Girardeau man�s federal lawsuit against the City of Jackson and three of its police officers over a Facebook post about guns and kindergartners has been settled for $80,000, the man�s attorneys said Friday.

In exchange for the financial settlement, plaintiff James Robert Ross has agreed to dismiss his lawsuit, attorneys Gordon Glaus and Adam Gohn said.

In an email to the Southeast Missourian, Glaus called it a �favorable settlement for our client.�

Glaus said, �We are very pleased to reach a favorable outcome for our client as well as the First Amendment.�

He added, �It was very clear after our victory before the 8th Circuit Court of Appeals that the facts and the law were on our side from the very beginning of this case.�

Under the terms of the settlement, the City of Jackson and the police officers �did not admit fault and continue to deny liability,� Glaus said.

Jackson city attorney Tom Ludwig said he had �no comment� on the settlement itself. �It is a litigation issue handled by the city�s insurance company,� he said.

A federal appeals court earlier this year 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.

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.�

Ross� suit accused 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 held for several days until he bonded out. The peace disturbance charge subsequently was dismissed.

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

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.�

Ross successfully appealed.

Glaus and Gohn said Friday the civil case centered on protecting free speech and Ross� right to express his political opinions online.

Glaus wrote in an email, �You do not have to approve of what Mr. Ross said, but law enforcement officers cannot make arrests first and ask questions later when it comes to the First Amendment.�

mbliss@semissourian.com

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