Tag: police accountability

This Tennessee Man Spent 37 Days in Jail for Sharing an Anti-Trump Meme. He Says the Cops Should Pay for That.

In the aftermath of conservative activist Charlie Kirk’s murder on September 10, his admirers were offended by online messages that denigrated him, condemned his views, and in some cases even celebrated his death. The people outraged by that commentary evidently included Nick Weems, sheriff of Perry County, Tennessee, who used the powers of his office to strike back at Kirk’s detractors.

As Reason‘s Joe Lancaster reported in October, Weems arranged the arrest of a Kirk critic, Henderson County resident Larry Bushart, on a flagrantly frivolous criminal charge. Because Bushart was unable to cover the staggering $2 million bond demanded for his release (which would have required him to “pay a bondsman at least $210,000,” Lancaster noted), he spent 37 days in jail before the district attorney for Perry County dropped the charge against him after the case drew widespread criticism.

Bushart’s arrest for constitutionally protected speech violated the First Amendment, the Foundation for Individual Rights and Expression (FIRE) argues in a federal lawsuit against Perry County, Weems, and Jason Morrow, an investigator in the sheriff’s office. The complaint, which was filed on Wednesday in the U.S. District Court for the Western District of Tennessee, says the defendants also violated the Fourth Amendment by arresting Bushart without probable cause. And because they pursued a malicious prosecution, FIRE argues, they should be liable for punitive as well as compensatory damages.

“I spent over three decades in law enforcement, and have the utmost respect for the law,” says Bushart, whose career included 19 years at the Jackson Police Department, five years at the Haywood County Sheriff’s Office, and nine years at the Tennessee Department of Correction. “But I also know my rights, and I was arrested for nothing more than refusing to be bullied into censorship.”

Weems was irked by Bushart’s response to a candlelight vigil for Kirk that was scheduled for the evening of September 20 on the lawn of the Perry County Courthouse—an event that the sheriff himself had promoted on Facebook. That day, Bushart saw a post about the vigil on the “What’s Happening, Perry County?” Facebook page. Commenting on that message, Bushart shared eight anti-Kirk memes, including one highlighting a comment that Donald Trump, then a presidential candidate, made the day after the January 2024 mass shooting at Perry High School in Iowa.

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Minnesota Cop Who Fabricated a Sex-Trafficking Ring Won’t Be Held Accountable

A police officer had a woman jailed for over two years on false charges in connection with a bogus sex-trafficking ring. But the officer, Heather Weyker, cannot be sued, because a court ruled in July that she was acting under color of federal law.

For years, Weyker, an officer in St. Paul,
Minnesota, gathered evidence, cultivated witnesses, and testified under oath in connection with an interstate sex-trafficking ring run by Somali refugees. She did all that while allegedly fabricating the very ring she was investigating. Her efforts resulted in 30 indictments, nine trials, and exactly zero convictions.

In 2011, Hamdi Mohamud, then just 16 years old, found herself arrested after a woman named Muna Abdulkadir attacked her and her friends at knifepoint. Inconveniently for Mohamud, Abdulkadir was crucial to Weyker’s bogus investigation.

After a call from Abdulkadir—during which she reportedly informed Weyker she had carried out a knife attack and was worried her arrest was imminent—Weyker advised other members of law enforcement
that Abdulkadir was a federal witness. She had information and documentation, Weyker noted, that Mohamud and her friends were out to intimidate Abdulkadir.

“The first part was true, but everything else Weyker said was false,” summarized
Judge David Stras for the U.S. Court of
Appeals for the 8th Circuit. “There was no ‘information’ or ‘documentation’ that anyone was trying to intimidate Abdulkadir. Nevertheless, based on what Weyker told him, Officer [Anthijuan] Beeks arrested Mohamud and the others for witness tampering.”

The government would dismiss those trumped-up charges, but only after Mohamud spent 25 months in custody.

Mohamud sued—and succeeded. A federal court in 2018 declined to give Weyker qualified immunity, finding it was already clearly established at the time of her arrest that Weyker’s alleged misconduct violated the Fourth Amendment.

Two years later, however, Mohamud’s luck soured on appeal. Though the 8th Circuit conceded that Weyker’s sex-trafficking investigation was “plagued with problems from the start” (the trial judge found, for example, that she fabricated information and lied multiple times under oath), the court said she was, in fact, immune.

That wasn’t because she was entitled to qualified immunity. Rather, although Weyker was a St. Paul police officer, she had been cross-deputized on a federal task force to carry out the investigation. That gave her the legal protections afforded to federal law enforcement—a much higher bar for alleged victims to clear.

Lawsuits against federal employees are subject to the Bivens doctrine. Named after the landmark 1971 Supreme Court case Bivens v. Six Unknown Named Agents of the Federal Bureau of Narcotics, the ruling allowed a man to sue the federal agents who conducted a warrantless raid on his home and then strip-searched him at a courthouse.

But the Supreme Court has made it almost cartoonishly difficult for plaintiffs to make use of their very good decision. In 2017, the Court ruled in Ziglar v. Abbasi that Bivens claims against federal agents can survive only if they clear a two-pronged test.

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Forfeiture fight delivers victory to savings account owner

Forfeiture schemes abound across America. Government agents have been known to see money in a traveler’s luggage, take it and keep it.

But it could be that the tide is turning, with the latest ruling from the Texas First Court of Appeals that reversed a civil-forfeiture judgment in Harris County.

The decision ordered the state to return to Ameal and Jordan Davis a total of $41,680.

The ruling confirmed, “Harris County’s evidence was legally insufficient to prove the cash was intended to be used to purchase a controlled substance—confirming that private property, including cash, cannot be taken on mere suspicion.”

“Cash is not a crime,” said Arif Panju, managing attorney of the Institute for Justice’s Texas office. “Today the First Court of Appeals entered judgment for Ameal and Jordan and ordered their life savings returned. That’s a decisive win for due process and a sharp rebuke to civil forfeiture based on hunches.”

The fight dates to 2019 when the Davises decided to pursue the dream of owning their own trucking business. They saved money from jobs, tax refunds, and by keeping expenses low—eventually accumulating more than $40,000, enough for Ameal to rise from truck driver to truck owner, the IJ said.

When Ameal was ready to buy his truck, driving from Natchez, Mississippi, toward Houston, he was stopped by police officers in Harris County. They took his cash and released him.

“Although the government’s forfeiture case involved no drugs or drug dealers whatsoever, and Ameal was never charged with any crime, the county nevertheless pursued civil forfeiture. After a six-day trial, a jury found the money was intended to be used to possess a controlled substance at some point in the future; the trial court entered judgment for forfeiture,” the IJ said.

However, the appeals ruling said the state’s evidence failed.

There was no evidence of any “substantial connection” between the money and the alleged and undefined “drug offense.”

“This ruling makes clear that the government can’t take people’s property without evidence of a crime,” said James Knight, attorney at the Institute for Justice. “Ameal and Jordan fought back, and today’s decision restores what was theirs and strengthens protections for everyone who carries cash.”

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‘Handsome’ Hawaiian police dog dies after being left in hot car by handler

A Hawaiian police dog died in a hot car when its handler abandoned her animal partner “for an unacceptable period of time.”

Archer, a 6-year-old Belgian Malinois-German Shepherd mix, died in a police vehicle on last Thursday after his handler Sidra Brown forgot about the drug sniffing pup in the car, the Hawaii Police Department announced in a press release.

“Archer was not just a police dog, he was a partner, protector, and a member of our police family,” Interim Police Chief Reed Mahuna wrote in the release. “This was a preventable tragedy.”

The crime-fighting canine worked alongside handler Officer Brown in “numerous operations,” according to the department’s website.

The department is conducting a comprehensive review of its K9 policies and procedures.

A profile on the department’s website said Archer enjoyed “being handsome and eating mangoes.”

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P’Nut The Squirrel’s Owners Sue New York For $10M After Raid, Decapitation

The owners P’Nut – a beloved squirrel that was seized and euthanized by the state of New York are suing for $10 million in damages over the death of their pets, according to a lawsuit filed Thursday in New York Court of Claims.

The New York State Department of Environmental Conservation staged a five-hour raid on the home of Mark Luongo after an anonymous complaint was lodged against the P’nuts Freedom Farm, where internet sensation Peanut the squirrel was taken into custody along with his sidekick, Fred the raccoon – before the state euthanized both animals ‘in order to test for rabies.’

DEC officials claimed that P’Nut but an agent through thick leather gloves during the raid, necessitating both the squirrel and raccoon be decapitated and tested for rabies. The state later admitted that both tests were negative, and have never apologized nor returned the bodies of the pets. 

According to court documents, P’Nut and Fred’s execution were “not due to a fear of rabies,” but a “senseless act of violence” and “obscene demonstration of government abuse.” 

This lawsuit comes on top of a previous suit filed by Longo and Bittner on June 27 in Chemung County Supreme Court against the City of Elmira and 36 individuals from various levels of state and local office – and seeks unspecified damages via jury trial. 

The couple claims they’ve suffered emotional trauma and financial losses since losing their star squirrel – who had appeared all over social media (including OnlyFans !?), according to both lawsuits. 

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Cop ignored dying man in back of hot police car, watched TikToks and sent ‘intimate’ texts instead: lawsuit

An Oregon cop allegedly left a mentally ill man to die in the back of a hot police car while the officer watched TikToks and texted about “snuggles,” according to a lawsuit.

Nathan Bradford Smith, 33, died of heat stroke aggravated by meth use during a July 2024 arrest when Coos Bay police officers allegedly left him in a parked patrol car to watch TikToks and send intimate texts instead of getting him medical help, according to a lawsuit filed by Smith’s family Wednesday.

The lawsuit blasts the city of Coos Bay, and Officers Benjamin Martin, Tristan Smith, and Wesley O’Connor for ignoring signs of obvious medical distress in Smith, accusing them of negligence and “deliberate interference.”

Smith, who had schizophrenia and bipolar disorder, was picked up by cops after multiple police encounters where he was found smoking methamphetamine and later speaking “quickly and incomprehensibly,” according to the lawsuit obtained by The Post.

At roughly 5 p.m. July 7, officers found Smith wearing a heavy coat and rain pants on the ground outside a Motel 6, the lawsuit detailed.

“One of the 911 callers indicated they were concerned for Mr. Smith’s safety,” according to the lawsuit. “Another caller indicated that Mr. Smith was on the ground ‘flailing around,’” the lawsuit said.

Smith was struggling to breathe as he was handcuffed by Martin, Smith and O’Connor while still on the ground, according to a state police officer who reviewed the body camera video of the incident.

He was barely able to get in the police cruiser, and his eyes were closed as he gasped for air, the lawsuit said.

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‘Din’t get cracked’: Watch female police officer threaten to ticket ‘everyone’ because she didn’t have sex last night

A female police officer in the Houston area is now under investigation after posting a video on TikTok in which she threatened to give everyone a ticket because she did not have sex the previous night.

Harris County Constable Precinct 5 Deputy Jennifer Escalera was in uniform as she recorded herself writing on a notepad.

“Din’t get cracked last night so everyone is getting a ticket…” Escalera indicated in her now-deleted video.

Although she blurred portions of her uniform, the officer left her name tag visible.

“Our administration is aware and internal affairs has opened an investigation. We have no other comment at this time,” the constable’s office said.

The New York Post reported: “The female cop’s TikTok account features several posts showing her in uniform. She also posts about being a mom.

“One of the posts shows Escalera getting ready ‘to work as a female Police Officer’ as the text across the screen reads, ‘contemplating if I really need this job, knowing that I do.'”

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Veteran With PTSD Can Sue the Cops Who Arrested Him for Panhandling and Tased His Service Dog, Court Rules

A homeless veteran arrested for panhandling—and whose service dog was tased by law enforcement—can move forward with his lawsuit against police and the city, a federal court ruled this week.

Apart from the individual implications, the case also raises broader questions about the constitutionality of anti-panhandling ordinances, which have suffered defeats in various courts in recent years.

In October 2021, law enforcement in Gastonia, North Carolina, arrived at an intersection where Joshua Rohrer was standing on a median after a 911 caller phoned in to report Rohrer was “using [his] dog to make people feel sorry” for him. An officer requested backup from the Gastonia Police Department (GPD), and the scene quickly became somewhat of a circus, with several patrol cars and a slew of officers dispatched to address an alleged panhandler.

An officer demanded to see Rohrer’s identification, after which he furnished his Veteran ID card. Police said that did not suffice, promptly arresting him and ultimately booking him for solicitation and resisting arrest. (You can watch the bodycam footage here and decide for yourself if he resisted arrest.)

During that interaction, an officer tased Rohrer’s service dog, Sunshine, who ran off and was later hit by a car, killing her.

The government would ultimately drop the charges against Rohrer. But even after the ordeal, law enforcement has continued to subject him “to a relentless campaign of harassment” according to his complaint against the City of Gastonia and several officers with the GPD. It alleges violations of his First and Fourth Amendment rights, including for excessive force and the unreasonable seizure of his service animal.

Rohrer’s complaint also notes that the GPD has posted “hundreds of statements that belittle and disparage Mr. Rohrer and spread false and misleading information about the incident” on social media.

“You also know that two grand juries supported the charges and that Mr Rohrer and his private legal team could have challenged the charges in court but that’s not what they chose to do now was it?”the city posted on its official GPD page. “Instead they accepted the plea deal that was offered to him. Perhaps to avoid having an actual court date where evidence and testimony would have been presented. Who knows why they chose to accept the deal offered.” Rohrer did not, in fact, plead guilty to anything tied to the October arrest.

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Exonerated Missouri woman sues police for conspiracy and coverup that put her in prison for 43 years

Sandra Hemme’s federal lawsuit accuses St. Joseph Police of suppressing and destroying evidence that pointed to a fellow officer who was guilty of the 1980 murder. Before being freed last year, Hemme served the longest sentence of any wrongly convicted woman in American history.

Sandra Hemme, the Missouri woman who spent 43 years in prison for a murder she did not commit, has sued the city of St. Joseph and eight police officers in a 10-count federal lawsuit alleging malicious prosecution, a coerced confession and conspiracy.

“There was never any objective evidence tying Plaintiff (Hemme) to the crime,” the lawsuit alleges.

The lawsuit also points the finger at a former police officer, Michael Holman, as the killer of librarian Patricia Jeschke in 1980.

“To protect Holman, the Defendants concealed evidence of his guilt and chose not to follow the evidence leading to Holman,” according to the lawsuit. Holman died in 2015.

Hemme served the longest sentence of any wrongly convicted woman in American history, her lawyers have said. She was finally exonerated and freed last year after a lengthy legal battle that saw the Missouri Attorney General fighting to overturn her innocence ruling.

A year ago, in July 2024, Livingston County Circuit Court Judge Ryan Horsman overturned Hemme’s conviction — writing that she was “the victim of a manifest injustice.”

Missouri Attorney General Andrew Bailey battled all the way to the state Supreme Court to keep Hemme in prison. She won her final freedom after the Missouri Court of Appeals rejected all of Bailey’s arguments, and in March the Buchanan County prosecutor declined to refile charges.

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“Settlement tsunami”: Chicago spends more than double city budget on police misconduct settlements

The City of Chicago is searching for financial solutions amidst hundreds of pending police misconduct cases, spending more than double the $82 million budget.

Eight years ago, police burst down the door of the Mendez family home unannounced, pointing guns at Hester and Gilbert Mendez, and their sons Peter and Jack (who were 9 and 5 at the time) – only to find they’d raided the wrong apartment.

After years stuck in the legal pipeline, between COVID delays and multiple changes in the judge presiding over the case, Mendez et al. v. City of Chicago finally began on Monday, April 21, 2025 in Courtroom 1941 at the Everett McKinley Dirksen United States Courthouse in Chicago. 

The Mendez family was seeking financial compensation for their rights being violated and the trauma their children endured. 

The city of Chicago has already spent more than $164 million in taxpayer money this year on police misconduct settlements and judgments – more than double its $82 million budget. With hundreds of cases pending, including from people alleging torture by notorious former officers, the Mendez case illustrates how these situations often play out: the city launches into a costly trial, putting families through trauma and stress, only to settle for a large sum at taxpayer expense. Officials say there’s a better way to do it – offering substantial settlements earlier – not the unfairly small settlements that the city often uses to avoid trial, as lawyers see it; or ideally avoiding police misconduct in the first place. 

During the Mendez family’s trial, a now 17-year-old Peter Mendez described on the stand how he was traumatized on the evening of November 7, 2017. “My life flashed before my eyes, my heart was pounding, and I thought maybe I could die.”

To this day, the event has left Jack, the youngest child, with the same recurring nightmare of police shooting his mother, cuffing and taking his father away to jail, and separating him and his brother as they get taken to different orphanages. 

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