West Wake News

Defendants in a federal lawsuit, which originated from a 2020 COVID shutdown protest, are seeking dismissal. Four motions have been filed in the US District Court in response to Monica Ussery's complaint about her arrest during the ReOpen NC demonstration in Raleigh. Initially, the case targeted Governor Cooper and local law enforcement for alleged constitutional rights violations. However, it now faces dismissal efforts from lawyers representing state officials, Wake County District Attorney Lorrin Freeman, the city of Raleigh, and former Police Chief Cassandra Deck-Brown.

A legal motion related to the case reveals that in March 2020, following President Trump's declaration of a Major Disaster in North Carolina due to escalating COVID-19 cases, Governor Cooper issued Executive Order 121. This mandate directed all individuals in the state to remain at home except for essential activities. It set limitations on gatherings, permitting only groups of ten or fewer individuals in confined indoor or outdoor spaces. The order also mandated strict adherence to social distancing guidelines of at least six feet apart from anyone outside their household when using shared or outdoor spaces. According to Cooper at that time, the order aimed "to curb the spread of the virus by allowing residents to leave home solely for essential activities or governmental operations."

According to another legal motion associated with this case, on April 14, 2020, ReOpen NC organized a protest against Executive Order 121 in Raleigh. This event drew over 100 participants to Lot 1 at the State Government Complex. Despite warnings from Raleigh Police Department officers about failing to adhere to social distancing requirements outlined in EO 121, many protesters did not comply. When Ussery attempted to leave the lot to take photos and directed her stepson to depart, she was instructed by officers to leave but stated she couldn't as her ride had left. This refusal led to her arrest by State Capitol Police for violating EO121.

The Carolina Journal reports that lawyers for state law enforcement, Freeman, and Deck-Brown have all filed motions seeking dismissal of complaints against them. Ussery initially sued Cooper, the city of Raleigh, and law enforcement, though Cooper was later dropped from the case. The lawyers argued that the 11th Amendment and sovereign immunity bar claims against certain state officials. Additionally, Freeman cited prosecutorial immunity, while the Raleigh city attorney's office contended that the plaintiff's claims against the city lack factual content to link alleged unconstitutional actions to official city policy, thus warranting dismissal.

According to the Carolina Journal, Ussery was found guilty of criminal trespass and violating a COVID-related executive order by a District Court judge in June 2021, resulting in a $300 fine. However, following an appeal, the case was later dismissed.