Background: During the annual Benton-Bryant Salt Bowl football game at War Memorial Stadium, Little Rock, ACLU of Arkansas client De’Jarnette Johnson's rights were infringed upon by Arkansas State Police Sergeant Dakotah Bailey. The incident occurred as Ms. Johnson was recording a police action, a practice protected under the First Amendment.

Legal Challenge: The ACLU of Arkansas has filed a lawsuit in the United States District Court for the Eastern District of Arkansas, accusing Sergeant Bailey of unlawfully seizing Ms. Johnson's cell phone and prohibiting her from documenting the police action, thereby violating her First, Fourth, and Fourteenth Amendment rights.

Claims: The lawsuit seeks declaratory judgments to affirm the violation of Ms. Johnson’s constitutional rights, alongside nominal damages and legal fees. This action highlights the importance of safeguarding the rights of individuals against unreasonable searches and seizures and the suppression of free speech.

Implications: This case underscores the essential civil liberty of recording police officers in public duties, promoting transparency and accountability in law enforcement. The ACLU stands firm in its commitment to protecting these rights and advancing policy reforms to prevent future violations.

Attorney(s)

Shelby H. Shroff and John C. Williams

Date filed

December 12, 2024

Court

United States District Court for the Eastern District of Arkansas

Judge

Honorable Judge Brian Miller

Status

Filed

Case number

4:24-CV-1094-BSM