Faya Rose Toure
MONTGOMERY, Ala. - Telling a cop to "go to hell" and then suing him hasn't worked out for an Alabama civil rights activist who just lost her lawsuit.
The Alabama Supreme Court on June 27 ruled for Detective Devon McGuire and Selma chief of police Spencer Collier in a lawsuit brought by Faya Rose Toure, who was caught stealing a campaign sign off someone's yard then sought $4 million in a civil rights lawsuit.
Toure was Alabama's first Black female judge and had complained about a city worker removing signs for a Black candidate for county probate judge but not the white candidate.
Chief Justice Sarah Stewart wrote the opinion, which directs the Dallas County Circuit Court to enter judgment for McGuire and Collier on various claims since they proved they were engaged in conduct entitling them to immunity.
"Toure argues that (a local ordinance) implicitly decriminalized her conduct because, she says, she removed what she claims was an illegally placed campaign sign from public property and had no intent to keep the sign," Stewart wrote.
"However, whether Toure believed that she was permitted to remove the sign, whether anyone else has been arrested for such an offense, and whether Toure is ultimately found guilty of the crimes for which she was arrested are irrelevant to the inquiry here: whether McGuire had arguable probable cause to arrest her."
McGuire, in an unmarked car, saw Toure remove a campaign sign, place it in her vehicle and drive off. He pulled her over and asked her to return the sign, but she said "go to hell" and ran a red light.
He stopped her again but this time she got out of her car and approached McGuire, causing him to retrieve his body camera. She got back in the car and drove off, and McGuire activated his lights, siren and bodycam.
On another stop, it took McGuire eight requests to finally get Toure to produce identification. She recorded the stop while expressing dissatisfaction with Selma PD.
Collier held a press conference about the arrest and Toure's mug shot was released to the media. Toure made many claims in her lawsuit, like assault and battery, false arrest, unlawful imprisonment, abuse of legal process and defamation.
The assault and battery claim came from Toure's hands being behind her back when she was handcuffed after requesting they be in front, since she had previously suffered a broken wrist. But police policy allows officers to handcuff arrestees behind their backs, the court ruled, so the officer couldn't be liable since he was just following Selma's rules.
As for defamation, Toure said incorrectly told the media she had reached more than 50 mph during the three-block chase.
"The decision to call a press conference and release information about the case concerned Collier's judgment as police chief regarding the administration of his department," Stewart wrote.
"Toure, however, did not provide substantial evidence demonstrating that Collier's decision to call a press conference or that any of the statements made by Collier or McGuire concerning the incident were made willfully, maliciously, fraudulently, in bad faith, beyond their authority."
