A citizen journalist from Fort Bend County won the first round of his first amendment lawsuit against the sheriff for violating his rights to record police.
According to a release from Institute for Justice , Justin Pulliam was arrested in December 2021 by a Fort Bend deputy for allegedly interfering with police but Pulliam claims he was away from the active scene and had permission from the property owner to record on her property.
A few months earlier in July 2021, Sheriff Eric Fagan told officers to remove Pulliam from a designated media area and said he was not "media", the release says.Pulliam will have the chance to hold the sheriff and his deputies responsible for violating his First Amendment rights to record police and to be treated the same as established media or other members of the public, IJ states.
A federal district court rejected the sheriff’s attempt to have the case dismissed but did dismiss a Fourth Amendment search claim Justin conceded was foreclosed by existing Supreme Court precedent."The court recognized the gravity of Justin’s allegations—that Fort Bend County Sheriff’s Office officials suppressed his free-speech rights—in rejecting the County’s assertion that its chief and deputies were immune to suit in federal court," said IJ Attorney Christie Hebert.
The case was declared a mistrial and there has been no indication whether the county will attempt to retry Pulliam, officials say. "Local politicians might find it convenient to eliminate their critics in the new media, but the federal court apparently respects the legitimacy of my investigative journalism," said Pulliam. "Thank you to the top-notch attorneys at IJ for this important victory in the fight to protect individual liberty."
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