Pastor arrested while watering plants can now sue officers and city, judges rule

Michael Jennings, a Black pastor from Childersburg, Alabama, who was arrested two years ago while watering his neighbor’s plants, can now proceed with his lawsuit against the officers involved and the city, according to a ruling by a three-judge panel of the 11th U.S. Court of Appeals on Friday.

The panel’s unanimous decision overturns a previous ruling that dismissed Jennings’ lawsuit, which accuses Officers Christopher Smith, Justin Gable, Sgt. Jeremy Brooks, and the city of Childersburg of violating his constitutional rights, including protection from unlawful arrest and free speech, as reported by AL.com.

The arrest, captured in a 20-minute body camera video from May 2022, shows Jennings, who is the pastor of Vision of Abundant Life Ministries in Sylacauga, being confronted by the officers after a white neighbor reported him for watering a friend’s plants while they were out of town. Jennings identified himself as a pastor and explained that he was taking care of the plants and lived across the street, but he was arrested without probable cause.

“I’m supposed to be here. I’m Pastor Jennings. I live across the street,” Jennings said on the video while being questioned by the officers. “I’m looking out for their house while they’re gone, watering their flowers.”

Harry Daniels, one of Jennings’ attorneys, stated that the pastor was arrested “less than five minutes after” the officers arrived. Daniels praised the court’s ruling, saying, “This is a win for Pastor Jennings and a win for justice. The video speaks for itself. These officers decided to arrest Pastor Jennings without probable cause and then tried to rewrite history, claiming he hadn’t identified himself, when that was the first thing he did.”

In their decision, the judges emphasized that while Alabama law permits officers to request a person’s name, address, and explanation in a public setting if they “reasonably suspect” the person of committing a crime, the law does not give officers the right to demand physical identification.

Jennings filed a federal lawsuit in September 2022, citing lingering anxiety and emotional distress from the arrest.