Homeless Veteran Sues Police After Service Dog Tased During Panhandling Arrest
A homeless army veteran whose service canine was tased by North Carolina cops and later died has filed a federal civil rights lawsuit.
Motive reported in 2021 on the case of Joshua Rohrer, who was arrested by two cops in Gastonia, North Carolina, for panhandling after a 911 caller complained that he was “utilizing this canine to make individuals really feel sorry for [him].” When Rohrer argued that he wasn’t doing something unlawful, the officers tackled him and tased his service canine, Sunshine. Sunshine ran away and was later hit by a automotive.
“They laughed at me,” Rohrer advised Military Instances, recounting the officers’ response to his misery.
Prosecutors later dropped fees in opposition to Rohrer for panhandling and resisting arrest. Now Rohrer, who has service-related post-traumatic stress dysfunction, is suing, arguing that the violent arrest violated his First and Fourth Modification rights, in addition to the People with Disabilities Act.
As well as, the go well with alleges that the Gastonia Police Division and metropolis officers made lots of of false and defamatory feedback on Fb about Rohrer in retaliation for talking out following his arrest. For instance, the police division repeatedly posted that Rohrer had agreed to take a plea deal earlier than the fees had been dropped. The go well with argues that by posting about Rohrer’s plea deal, which in the end by no means occurred, the division not solely smeared Rohrer as responsible but additionally accessed and printed particulars from his sealed case file.
“The every day barrage and excessive quantity of those posts, the particular concentrating on of Mr. Rohrer, and the truth that they reveal confidential data display a sample of harassment that may chill an affordable individual from exercising their First Modification rights,” the go well with reads.
The lawsuit seeks punitive and compensatory damages, in addition to an injunction in opposition to town’s panhandling ordinance, which it argues is facially unconstitutional below the First Modification.
Cities often use overly broad panhandling ordinances to crack down on begging and roust homeless individuals, regardless of quite a few court docket choices upholding a basic First Modification proper to ask others for cash in a public house. For instance, earlier this 12 months the Basis for Particular person Rights and Expression (FIRE), a First Modification nonprofit, filed a lawsuit on behalf of a person who was harassed by police for holding an indication that learn, “God Bless Homeless Vets.”
In one of many many Fb posts about Rohrer’s case, the Gastonia Police Division questioned: “If that is such a transparent violation in opposition to the Structure and civil rights, there ought to have been a number of attorneys keen to take this case pro-bono proper? However but, that hasn’t occurred. Maybe it is best to ask Mr. Rohrer why [he] hasn’t pursued something additional.”
The division now has its reply. Rohrer is represented by the Guidry legislation agency and by the Institute for Constitutional Advocacy and Safety (ICAP) at Georgetown College.
“Mr. Rohrer has been—and continues to be—focused by the Gastonia police for his constitutionally protected speech, from standing on a median accepting donations from passersby to protesting authorities misconduct and calling for accountability within the wake of his arrest,” ICAP senior counsel Joseph Mead stated in a press launch. “This case is about guaranteeing that even members of probably the most susceptible populations in our society—together with individuals with disabilities or with out housing—will probably be protected against authorities overreach and retaliation.”
A spokesperson for the Metropolis of Gastonia declined to remark, citing the pending litigation.
