This post appears here courtesy of the Carolina Journal
. The author of this post is CJ Staff
A High Point woman arrested and charged in connection with an April 2020 ReOpenNC COVID shutdown protest is going to federal court. She's suing Gov. Roy Cooper, the city of Raleigh, and state and local law enforcement officials for alleged violations of her First and 14th Amendment rights.
"Serving in the role of drum major, throughout the COVID-19 pandemic, Governor Roy Cooper led a parade of government officials who trampled over the constitutional rights of the North Carolinians they serve,"
according to the complaint Monica Ussery filed Friday. "Whether it was shuttering houses of worship, closing schools, or destroying small businesses, in the name of public health, there was seemingly no right beyond the reach of Governor Cooper, state, and local officials' executive orders and edicts. These officials' power grabs were remarkable, unprecedented in American history and far-reaching, with the consequences still being felt years later."
"Plaintiff Monica Faith Ussery experienced firsthand this unprecedented invocation of power. When she saw the most powerful forces in this State locking arms in apparent disregard of our Bill of Rights, she took to the streets to peacefully protest. Because she exercised this fundamental human and constitutional right, Ms. Ussery was arrested and prosecuted, for years,"
according to the complaint.
"With her criminal case resolved in her favor, the day of reckoning is here,"
wrote Ussery's lawyers.
The complaint cites recently released video evidence from law enforcement agencies responding to the April 14, 2020, ReOpen NC protest that led to Ussery's arrest. That protest took place in a parking lot in the state government complex, less than one month after Cooper issued COVID-19 executive orders shutting down most businesses and public events.
"Through the videos Ms. Ussery learned that Defendants' claims she was arrested for purposes of public health were false and pretextual,"
according to the complaint. "Three was no discussion of ensuring adequate spacing between protestors. The only discussion was about punishing agitators so that they would not return to further protest Defendants' lockdown orders."
In addition to Cooper and the city government, the suit named as defendants state Public Safety Secretary Erik Hooks, Wake County District Attorney Lorrin Freeman, Raleigh Police Chief Cassandra Deck-Brown, N.C. State Capitol Police Chief Roger "Chip"
Hawley, N.C. General Assembly Police Chief Martin Brock, Raleigh Police Capt. Dedric Bond, and two State Capitol Police officers.
"Bond admitted holding a conference call with Defendants Freeman, Brooks [sic], Hawley, and the Secretary of State to plan how to stop the protest and they reached an agreement on how to proceed,"
according to the complaint. "Bond stated, 'Avoid parents with kids. ... What I want to do is make an example out of [agitators]. I'm hoping we'll start locking up a few of the agitators that the rest will automatically disperse. ... We had a long conversation with Lorren [sic] Freeman and when you see the videos that are already online and everything, it's obvious that we just can't allow that to continue. ... And then we already have intel that they're planning on doing this again next Tuesday so it's our opportunity to get it right this time and hope we won't have to go through the same thing again next Tuesday.' Bond indicated he did not want the crowd to grow and wanted to start 'locking up people as soon as possible.'"
"These statements make clear that Defendant's actions on April 14, 2020, were not
to protect public health or to make sure protestors stayed at least six feet apart from each other,"
Ussery's lawyers wrote. "To the contrary, Defendants intended to and conspired to punish and make an example of 'agitators' for exercising their First Amendment rights to protest Governor Cooper's lockdown orders."
Ussery faced arrest as other protesters were leaving the scene that day. She had planned to take photos of cars as they departed, according to her complaint. She was standing by herself when officers arrested her. The complaint notes that prosecution of Ussery continued after government officials permitted other forms of protest in the same location. The prosecution outlasted Cooper's shutdown orders.
A District Court judge convicted Ussery in June 2021 of criminal trespass and violating a COVID executive order. She was fined $300. Ussery appealed, and the case eventually was dismissed.
"As a result of her conviction and then appeal, Ms. Ussery has amassed legal bills, missed time from work, had to travel from her home in High Point, to Raleigh, North Carolina, multiple times, has suffered embarrassment, physical and emotional distress, and the prolonged legal process caused significant strain on and the ultimate end of Ms. Ussery's marriage,"
according to the complaint.
The complaint asks a federal judge to declare that the defendants violated Ussery's constitutional rights. She seeks "all appropriate damages,"
along with the costs and expenses associated with the suit.