Weaver v. Langham et al

James Weaver criticized the Granbury, Texas police department on Facebook, prompting Officer Chad Langham to investigate and arrest Weaver on a harassment charge. The criminal charge was ultimately dismissed. Weaver then filed a federal lawsuit under 42 U.S.C. § 1983 against Langham and the City, asserting First Amendment retaliatory arrest and malicious prosecution. The district court granted summary judgment for the defendants. On appeal, the Fifth Circuit reversed in part, holding that a reasonable jury could find Langham lacked probable cause and that the arrest was motivated by Weaver’s protected speech. The case was remanded for trial on the retaliation claim against Langham, while summary judgment was affirmed for the municipal liability and malicious prosecution claims.

The Fifth Circuit Court of Appeals reversed the district court’s summary judgment on the First Amendment retaliatory arrest claim against Officer Chad Langham, finding genuine disputes of material fact, and remanded for further proceedings. The court affirmed summary judgment in favor of the City of Granbury on the Monell claims and in favor of the defendants on the malicious prosecution claim.

Whether Officer Langham had probable cause to arrest Weaver for harassment, and whether the arrest was made in retaliation for Weaver’s protected speech under the First Amendment.

The decision reaffirmed that criticizing law enforcement on social media is protected speech, and that police cannot use the content of that speech to establish probable cause. It serves as a significant precedent warning officers against retaliatory arrests and bolsters the ability of citizens to hold officials accountable for suppressing dissent.