Tennessee Man Sues Police Department Over Arrest Following Criticism of Officer

A Tennessee man has filed a civil lawsuit against the city of Kingsport and its police department, alleging a violation of his First Amendment rights after he was arrested following a public criticism of an officer. Joshua Gibbons, represented by the Foundation for Individual Rights and Expression (FIRE), made the lawsuit public after successfully having his conviction overturned and the remaining charges dismissed by the Tennessee Court of Criminal Appeals. Gibbons stated, "They tried to intimidate me, but I’m not backing down. I can’t let this injustice stand, because my family doesn’t feel safe anymore. There’s no coming back from that raid on our home. They sent eight heavily armed officers to arrest me because I embarrassed them." In October 2022, Gibbons filmed a Kingsport Police Department SUV speeding without lights or sirens, which he claims violated department policy and state law. He approached the officer at a fast food drive-thru to express his criticism. According to FIRE Senior Attorney Adam Steinbaugh, the officer ignored Gibbons and continued with his meal. Gibbons later published a video showing an officer giving him the middle finger. Following a complaint from a citizen about the officer’s conduct, the department searched Gibbons’ YouTube channel and found the video of the speeding officer. Instead of disciplining the officer, the department obtained an arrest warrant for Gibbons for speeding, using a cell phone while driving, and disorderly conduct. This warrant was reportedly obtained from a court clerk rather than a judge. The following morning, eight armed officers raided Gibbons’ home, arresting him in front of his family. Gibbons faced two trials over nearly four years, with the appellate court recently dismissing the charges. The first trial resulted in an acquittal on speeding and cell phone charges but a conviction for disorderly conduct. Gibbons appealed, and a jury upheld the disorderly conduct conviction. However, the Court of Criminal Appeals found no evidence that Gibbons’ actions prevented anyone from performing lawful activities and noted that his criticism did not constitute a crime. Steinbaugh emphasized that law enforcement officers are expected to tolerate criticism and cannot arrest individuals for expressing their views. The Kingsport Police Department did not respond to requests for comment.