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Man arrested twice for criticizing police sues Iowa town for violating his constitutional rights [1]
['Mark Frauenfelder']
Date: 2023-10-17
A young man named Noah Petersen is suing the town of Newton, Iowa for violating several of his constitutional rights after being arrested twice for criticizing the small town's police, reports Reason,
"The mayor and police chief had Noah arrested, jailed, strip-searched, and criminally prosecuted simply because they didn't like what Noah had to say," says the lawsuit. "This suit is filed to vindicate the fundamental right to criticize the government without fear of retaliation and to ensure the constitutional accountability of all government officials."
From Reason:
Petersen was prompted to speak at an October 3, 2022, Newton City Council meeting after the release of body cam footage showing Newton officers arresting a college football player, Tayvin Galanakis. Galanakis was arrested for driving under the influence, despite blowing a 0.00 on a Breathalyzer and passing roadside sobriety tests. He was taken to the police station for further drug tests, all of which came back negative, before eventually being released. Petersen approached the microphone and said: "Hello. This is my public comment for [the] City Council meeting, now October 3rd, 2022. Defund Newton Police Department. They are a violent, civil and human rights–violating organization who do not make your community safer. They are also pro–domestic abuse because they are currently employing a domestic abuser and choosing to not release the records about that domestic abuser. " At that point, the Newton mayor ordered Petersen to stop speaking, although his allotted three minutes of time had not expired. When Petersen refused, the mayor ordered the police chief to remove Petersen for violating a council rule forbidding "derogatory statements or comments about any individual."
Police arrested Johnson, charging him with "disorderly conduct for disrupting a lawful assembly." He was arrested again the next day when he returned to the City Council meeting and called the police chief and mayor fascists. Neither charge stuck in court.
From the Institute for Justice, which is representing Petersen:
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