Civil Rights Lawsuit Involving Surprise, AZ Council Meeting Arrest to Move Forward

A federal judge has partially granted a motion to dismiss a civil rights lawsuit filed by Rebekah Massie against the City of Surprise and its former Mayor Skip Hall, stemming from her arrest during a city council meeting. The lawsuit alleges violations of Massie’s constitutional rights after she was detained and arrested for speaking out against a proposed salary increase for the city attorney. While some claims were dismissed, a key claim related to the city’s Open Meeting Law will proceed.

The legal action, brought under federal and state law, centers on events that transpired during a Surprise City Council meeting on August 20, 2024. Massie, a vocal critic of the city government and operator of a nonprofit website critical of Surprise officials, was speaking during the public comment period when she was interrupted by then-Mayor Skip Hall. Hall reportedly cited a city policy that he claimed prohibited “complaining” about public officials. The policy, as described in the complaint, barred remarks that leveled “charges or complaints against any employee of the City or members of the body,” while allowing for praise and neutral speech.

When Massie asserted that the First Amendment protected her comments, Mayor Hall allegedly asked if she wished to be escorted out or cease speaking. According to the complaint, Massie requested to finish her remarks, prompting Hall to instruct the Surprise Police Department to detain and remove her from the chamber. Officer Steven Shernicoff then reportedly detained and arrested Massie for criminal trespass, a charge related to her speech during the public comment period. The arrest involved physical force, including handcuffing, and resulted in alleged bruises and injuries to Massie. Her 10-year-old daughter, present at the meeting, was reportedly left unattended, and Shernicoff allegedly refused her requests to contact someone or locate her mother. Massie was subsequently taken to a detention facility and searched.

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Crucially, the criminal charges against Massie were later dismissed by the Maricopa County Justice Court, which characterized the city’s actions as “objectively outrageous,” a violation of free speech, and lacking probable cause. The City of Surprise reportedly rescinded the policy in question without comment only after Massie filed her lawsuit. In a subsequent video statement to police personnel, Police Chief Piña expressed support for Officer Shernicoff’s actions, stating they were “in alignment with what our policy is and what our philosophy is.”

Massie’s lawsuit included eleven counts, alleging violations of her First Amendment rights to free speech and retaliation for exercising those rights, as well as Fourth Amendment claims for false arrest and excessive force. State-law claims for assault, battery, and intentional infliction of emotional distress were also included, along with a claim under Arizona’s Open Meeting Law.

In its recent order, the U.S. District Court granted the defendants’ motion to dismiss regarding the state-law claims for assault, battery, and intentional infliction of emotional distress against Hall and Shernicoff. The court found that Massie failed to comply with Arizona’s Notice of Claim statute, which requires filing a claim within 180 days of the cause of action accruing and generally mandates that such a notice be filed before initiating a lawsuit for damages against a public entity or employee. Because Massie filed her state law claims before fully satisfying these notice requirements, the court dismissed these counts with prejudice.

However, the court denied the motion to dismiss Massie’s claim concerning the Arizona Open Meeting Law, brought against the City of Surprise. The defendants had argued that the law did not grant individuals a private right of action for damages, that technical violations should not invalidate actions, and that Massie lacked standing because the challenged policy had been rescinded. The court found that the Open Meeting Law, specifically Arizona Revised Statutes § 38-431.07(A), allows any person affected by an alleged violation to commence a suit for compliance or to determine the applicability of the law to a public body’s actions. The court determined that Massie had plausibly alleged violations of the law, including the maintenance of a viewpoint-discriminatory policy exceeding reasonable time, place, and manner restrictions, its enforcement against her, and her removal from a public meeting. The court also rejected the argument that the claim was moot due to the policy’s rescission, stating that the city had not met the burden of showing the conduct could not reasonably be expected to recur.

“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,” said FIRE attorney Adam Steinbaugh. “All of us have the right to criticize our government without being arrested.”

The ruling means that Massie’s claims related to the alleged violation of Arizona’s Open Meeting Law will continue in federal court. The federal claims, including those alleging First and Fourth Amendment violations, remain pending.

Article by Ken Buckler, based upon information from the United States District Court for the District of Arizona.

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