On Feb. 7, 2013, Braden Purcell used his iPhone to video record a Fort Smith, Arkansas SWAT raid. During the course of his exercising his First Amendment rights, he was arrested by Deputy Sheriff Bryan Fuller. Fuller seized, and allegedly later lost the cellphone and the video it contained.
After getting the run-around from the Sheriff’s Office, Purcell filed a lawsuit against both the Sheriff (Hollenbeck) and the deputy.
The case is styled Braden Michael Purcell v. Sebastian County Sheriff Bill Hollenbeck, et al., No. 2:13-CV-2099-PKH. It was filed in the United States District Court for the Western District of Arkansas, and appears to have been assigned to the Chief Judge, Paul K. Holmes, III.
Here is the complaint. W.D.Ark._2-13-cv-02099_1
Normally, the defense will move for summary judgment. I’m not sure that they will be able to get it in this case, but it depends on how well the county’s attorneys draft their motion. I would actually not be surprised by a decent settlement offer.
- Arkansas Sheriff’s Deputy Arrests Man for Video Recording, then Claims he “Lost” Phone (photographyisnotacrime.com)