Police Immunity Overruled in Retaliatory Arrest Case

In a major turnaround, the U.S. Court of Appeals for the Eighth Circuit reversed its own prior decision and ruled that Mason Murphy’s First Amendment lawsuit against Sunrise Beach, Missouri, police officer Michael Schmitt can proceed in the trial court. The court’s opinion breathes new life into Murphy’s case, which asks whether police can jail someone to punish them for questioning their authority.

“This ruling reminds police that the Constitution does not allow them to arrest people for bruising their egos,” said Institute for Justice attorney Marie Miller, who represents Murphy. “Mason will finally have his day in court, signaling stronger protection for every American who speaks up when government officials overstep.”

Murphy’s ordeal began in May 2021, when he was walking on the shoulder of a rural road. Officer Schmitt stopped him, demanded identification, and—after nine minutes of back-and-forth during which Murphy calmly asked what law he had broken—handcuffed Mason and put him in jail. Body-camera footage of the arrest shows Schmitt scrambling to invent a charge—at one point asking a superior officer, “What can I charge him with?” Murphy was released two hours later and was not charged with any crime.

Today’s decision is one of the first appellate opinions to apply the U.S. Supreme Court’s 2024 ruling in Gonzalez v. Trevino, which made clear that police and other government officials are not immune from suit when they arrest people in retaliation for exercising their First Amendment rights. The Eighth Circuit previously ruled against Murphy. Then, in October 2024, the Supreme Court vacated that decision and sent it back to the appeals court to reevaluate in light of the Supreme Court’s decision in Gonzalez. Reevaluating Murphy’s case, the Eighth Circuit held that Murphy deserved  a chance to prove his retaliation claim.

The ruling advances IJ’s nationwide effort to hold officials accountable for arresting critics. Building on Gonzalez, Murphy’s case is another milestone in IJ’s Project on Immunity and Accountability, which seeks to restore meaningful remedies for constitutional violations.