The video of Pastor Michael Jennings’ arrest as he was watering his neighbor’s flowers went viral in August 2022, sparking a media firestorm and national outrage, along with a federal lawsuit filed a month later. Unfortunately, Jennings’ lawsuit was dismissed in December 2023 after a judge for the United States District Court for the Northern District of Alabama ruled that the officers who had arrested Jennings were protected by qualified immunity and that the City of Childersburg was granted state-agent immunity.

The United States Court of Appeals for the Eleventh Circuit reversed that decision in 2024, however, saying the officers “lacked even arguable probable cause” to arrest Jennings. According to the appeals court’s ruling, “Jennings was under no legal obligation to provide his ID. Therefore, officers lacked probable cause for Jennings’ arrest for obstructing government operations because Jennings did not commit an independent unlawful act by refusing to give ID.” The ruling goes on to explain that officers Christopher Smith, Justin Gable, and Jeremy Brooks violated Alabama law when they arrested Jennings

This month, attorneys for Jennings appeared before the Alabama State Supreme Court for oral arguments on a certified question from the United States District Court for the Northern District of Alabama about whether Alabama law required Jennings to show his ID to officers after he had identified himself.

Alabama state law allows officers to demand a suspect’s “name, address, and an explanation of his actions,” all of which Jennings did. The law does not allow officers to demand suspects provide a physical ID, such as a driver’s license, says Jennings’s attorneys, Harry Daniel, Bethaney Embry Jones, Joi Travis, and Roderick Van Daniel.