Two TBI agents and District Attorney W. Ray Crouch have paid $125,000.00 to Joshua Garton to settle his claims for malicious prosecution, false arrest, and violations of his First Amendment rights. The settlement payment comes almost three years after Tennessee’s top law enforcement agency and District Attorney Crouch illegally charged and then unsuccessfully prosecuted Mr. Garton for posting a crudely photoshopped meme that offended Dickson County police. Mr. Garton was later released after spending twelve days in jail.
“First Amendment retaliation is illegal, and law enforcement officials who arrest people for offending them will pay heavy consequences,” said Horwitz Law, PLLC attorney Daniel A. Horwitz, Mr. Garton’s lead counsel. “Misbehaving government officials apologize with money, and Mr. Garton considers more than $10,000.00 per day that he was illegally incarcerated to be an acceptable apology.” (By way of comparison, juries typically award no more than $3,000 per day to wrongfully convicted criminal defendants, who are generally viewed as the most sympathetic possible plaintiffs in lawsuits asserting wrongful incarceration damages.)
“The right to criticize our government is not merely fundamental, it is essential to democracy[,]” added Brice Timmons, Mr. Garton’s co-lead counsel. “We are proud to have protected that right for Tennesseans here.”
A copy of Mr. Garton’s complaint—which includes internal correspondence from law enforcement agents stating that Mr. Garton “has a right to post. That doesn’t mean there are no consequences[,]” as well as a text message from TBI Director David Rausch comparing people who criticize law enforcement to January 6th insurrectionists—is accessible at: https://horwitz.law/wp-
Mr. Garton was represented by Horwitz Law, PLLC attorneys Daniel A. Horwitz, Lindsay Smith, and Melissa Dix, as well as Donati Law, PLLC attorneys Brice Timmons and Craig Edgington. During his original criminal case, Mr. Garton was represented by now-retired 23rd Judicial District Public Defender Jake Lockert, who secured the dismissal of Mr. Garton’s criminal “harassment” charge following a preliminary hearing.
A copy of Mr. Garton’s settlement agreement is accessible at: https://horwitz.law/wp-
A copy of Mr. Garton’s October 30, 2023 Stipulation of Dismissal With Prejudice As to Defendants Joseph Craig, W. Ray. Crouch, and Andrew Vallee is accessible here: https://horwitz.law/wp-
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Daniel A. Horwitz is a First Amendment and civil rights lawyer who represents clients across Tennessee. If you are seeking speech defense or First Amendment representation, you can purchase a consultation from Horwitz Law here.