By Matthew Holloway |
A federal judge has allowed key claims to proceed in the civil rights lawsuit filed by Rebekah Massie, a Surprise, Arizona, resident who was arrested after criticizing a city attorney’s salary during a city council meeting.
According to the Foundation for Individual Rights and Expression (FIRE), Judge Roslyn O. Silver of the U.S. District Court for the District of Arizona ruled this week that Massie’s First Amendment, Fourth Amendment, and Arizona Open Meeting Law claims will move forward into discovery. The lawsuit stems from an August 2024 city council meeting in Surprise, where Massie was removed, arrested, and charged with trespassing after criticizing the pay of a government attorney during public comment. She was later taken to a detention center.
FIRE said the city did not challenge Massie’s federal constitutional claims in its motion, allowing those claims to proceed. The judge also permitted Massie’s Open Meeting Law claim to move forward, noting that Arizona law places express limits on how government bodies may regulate public comment during meetings.
Several state law claims were dismissed, according to FIRE, after the court determined they were duplicative of the constitutional claims and barred under Arizona’s notice-of-claim statute.
FIRE attorney Adam Steinbaugh said the organization will continue pursuing the case.
“We’re going to continue to fight not only to vindicate Rebekah’s constitutional rights, but to ensure that all Arizonans are free to speak their minds. All of us have the right to criticize our government without being arrested.”
The ruling marks the latest development in a case that has already prompted changes from the City of Surprise.
In September 2024, the Surprise City Council voted to repeal its policy prohibiting criticism of public officials during meetings following public backlash and the filing of the lawsuit. The following month, a judge dismissed the criminal trespassing charge against Massie, calling the government’s suppression of her speech “objectively outrageous.”
According to FIRE, body-camera footage later released showed a Surprise police officer responding to Massie’s complaint that she had been thrown to the ground during her arrest by saying, “That’s what happens when you’re resisting arrest.”
The civil lawsuit against the City of Surprise and individual officials remains ongoing as the case enters the discovery phase.
Matthew Holloway is a senior reporter for AZ Free News. Follow him on X for his latest stories, or email tips to Matthew@azfreenews.com.
