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A Tennessee man who was arrested in a pre-dawn raid after he filmed and criticized a police officer sued the police division alleging it violated his First Modification proper to free expression.
The civil lawsuit in opposition to town of Kingsport, its police chief and its officers was filed by the Basis for Particular person Rights and Expression (FIRE) in 2023 on behalf of Joshua Gibbons, however he’s solely now making the grievance public after he was profitable in having his conviction overturned and the remaining cost dismissed by the Tennessee Courtroom of Prison Appeals.
“They tried to intimidate me, however I’m not backing down,” Gibbons mentioned in a press release. “I can’t let this injustice stand, as a result of my household doesn’t really feel protected anymore. There’s no getting back from that raid on our residence. They despatched eight closely armed officers to arrest me as a result of I embarrassed them.”
In October 2022, Gibbons filmed a Kingsport Police Division SUV rushing at night time with out lights or sirens, which the lawsuit alleges violated division coverage and state regulation. He adopted the automobile and approached the officer at a quick meals drive-thru, the place he filmed his transient criticism of the officer’s conduct.
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Joshua Gibbons sued the police division over allegations it violated his First Modification rights. (Basis for Particular person Rights and Expression)
“When he caught up with the officer, the officer did the correct factor. He ignored Joshua Gibbons, did not arrest him, did not view it as against the law, and went and obtained his hamburger,” FIRE Senior Legal professional Adam Steinbaugh advised Fox Information Digital.
Gibbons, who uploads movies of police on responsibility as a solution to maintain them accountable, later revealed a second video of an officer giving him the center finger.
A fellow citizen later complained to the division in regards to the officer’s conduct, and the division responded by looking Gibbons’ YouTube channel for one thing to make use of in opposition to him, in keeping with FIRE.
The division discovered the video of their very own officer rushing. However as an alternative of disciplining the officer, officers have been despatched to arrest Gibbons.
“The First Modification protects the correct not solely to criticize and movie police, but in addition to submit it on-line. The police division did not deal with this as against the law till Joshua posted this on-line and embarrassed the division,” Steinbaugh mentioned.
Joshua Gibbons confronted two trials over practically 4 years earlier than a Tennessee appellate courtroom lately dismissed the costs. (Zelina Pictures)
Steinbaugh additionally mentioned the case was “as lawless because it was hypocritical” and that the division’s actions “have been all to make an instance out of a critic.”
In response to the lawsuit, inside two hours of being “made conscious” of Gibbons’ video of the rushing officer, an arrest warrant for Gibbons was obtained for rushing, utilizing a cellular phone whereas driving and disorderly conduct. The warrant was obtained from a courtroom clerk relatively than a decide, in keeping with FIRE.
Simply earlier than daybreak the next morning, eight armed officers have been captured on safety and cellular phone footage raiding Gibbons’ home and arresting him in entrance of his aged mom and his daughter, simply 9 days after he filmed and criticized the rushing officer.
Gibbons then confronted two trials over practically 4 years earlier than a Tennessee appellate courtroom lately dismissed the costs.
“That is an extended course of that may take a psychological toll on somebody. I feel that Joshua desires to ship a message to this division. I feel he desires to see some reforms to this division, and we’re completely satisfied to help him,” Steinbaugh mentioned.
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The civil lawsuit was filed in opposition to town of Kingsport, its police chief and its officers. (Kingsport Police)
Within the first trial, a decide acquitted him of the rushing and cellular phone expenses however discovered Gibbons responsible of disorderly conduct, saying he was “offended by the best way” Gibbons was “speaking to that officer.” Gibbons appealed to the county circuit courtroom, and a jury discovered him responsible of disorderly conduct.
However in June, the Courtroom of Prison Appeals of Tennessee unanimously overturned the decision and dismissed the disorderly conduct cost, discovering there was “no proof” that Gibbons’ criticism of the officer “prevented any particular person from doing any lawful exercise.”
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The courtroom mentioned Gibbons “didn’t threaten anybody, didn’t have interaction in any violent habits, and didn’t create a bodily offensive or hazardous situation.” The courtroom famous that even “‘profane and insulting’ phrases alone won’t rise to the extent of against the law, significantly when uttered in opposition to the police, who ‘are skilled to train a better diploma of restraint than the common citizen.'”
“If you’re a regulation enforcement officer, you might be required by your uniform and by the First Modification to tolerate criticism. A few of that is going to be honest criticism, a few of it’ll be unfair criticism. However you aren’t getting to go and arrest folks for it. That is the message we need to ship to this division and to departments across the nation,” Steinbaugh mentioned.
Kingsport Police didn’t reply to Fox Information Digital’s request for remark in time for publication.