The American Civil Liberties Union (ACLU) of Arkansas today announced the filing of a federal lawsuit against Arkansas State Police Sergeant Dakotah Bailey for violating the constitutional rights of De’Jarnette Johnson at War Memorial Stadium in Little Rock during this year’s annual Benton-Bryant Salt Bowl football game. The complaint, filed in the United States District Court for the Eastern District of Arkansas, details how Sergeant Bailey unlawfully seized Ms. Johnson's cell phone and barred her from recording a police action, infringing on her First, Fourth, and Fourteenth Amendment rights.
The ACLU seeks declaratory judgments affirming the violation of Ms. Johnson’s constitutional rights, nominal damages, and legal fees, emphasizing the necessity of this case in defending the rights of individuals against unreasonable searches, seizures, and the suppression of free speech.
The group had the following reactions:
Shelby H. Shroff, Staff Attorney, ACLU of Arkansas: "Recording police officers in the performance of their public duties is a vital civil liberty protected under the First Amendment. Sergeant Bailey’s actions not only suppressed Ms. Johnson's right to document police activity but also set a dangerous precedent against transparency and accountability in law enforcement."
John C. Williams, Legal Director, ACLU of Arkansas: "We must hold law enforcement officers accountable when they violate the law. The unwarranted seizure of Ms. Johnson’s phone and the attempts to prevent her from recording a public police interaction are a clear breach of her constitutional protections."
De’Jarnette Johnson, Plaintiff: "My intention was simply to ensure transparency in the events occurring around me. This case transcends my individual rights — it touches upon our entire community's ability to monitor and hold accountable those in positions of authority. I could never have anticipated that my effort to document a moment of truth would result in such an aggressive confrontation."
Holly Dickson, Executive Director, ACLU of Arkansas: "This incident at the Salt Bowl is a glaring example of police overreach and underscores the urgent need for policy reforms. We stand with Ms. Johnson and the community in demanding justice and upholding the right to freely observe and record police activities."
A copy of the complaint can be found online here: https://www.acluarkansas.org/en/cases/johnson-v-bailey
