SURPRISE, Arizona — A federal court is allowing a lawsuit to move forward from an Arizona woman who says her constitutional rights were violated after she was arrested during a city council meeting while speaking during public comment.
Rebekah Massie was arrested on Aug. 20, 2024, in front of her 10-year-old daughter after questioning a proposed pay raise for the Surprise city attorney. Video from the meeting shows Massie speaking during the designated public comment period when then-Mayor Skip Hall interrupted her, citing a city policy barring residents from lodging complaints against city employees during meetings.
Massie argued the policy was unconstitutional, leading to a prolonged exchange with the mayor. After several minutes, Hall called law enforcement. Video footage shows an officer asking Massie to step outside. When she refused, citing her First Amendment rights, she was arrested, taken to the ground, handcuffed, and detained for approximately two hours.
Massie is represented by the Foundation for Individual Rights and Expression. Attorney Conor Fitzpatrick said the court allowed claims under the First and Fourth Amendments, as well as the Arizona Open Meeting Act, to proceed. He noted that the city did not attempt to dismiss the constitutional claims.
The next stage of the lawsuit will involve discovery, including document requests and depositions. Both sides are expected to file motions for summary judgment, which could lead to a jury trial if unresolved.
City officials and the Surprise Police Department did not respond to requests for comment.
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