Federal Judge Dismisses Photojournalist's Section 1983 Claims, Citing Arguable Probable Cause in Cop City Protest Arrest

ATLANTA (LN) — U.S. District Judge Thomas W. Thrash Jr. granted summary judgment to Georgia State University police officers on Thursday, ruling they had arguable probable cause to arrest freelance photojournalist Benjamin Hendren for criminal trespass during a protest at the Georgia State University Convocation Center.

Hendren, who was working as a freelance photojournalist for the Atlanta Journal-Constitution, sued the officers under Section 1983, alleging unlawful seizure and First Amendment retaliation after he was handcuffed and detained while documenting the protest.

The dispute centered on events on July 29, 2022, when protesters entered the convocation center to oppose the construction of the Atlanta Public Safety Training Center, known as "Cop City."

Officers detained several individuals who fled the scene. Sergeant John Patton noticed Hendren, who was wearing a white shirt, black pants, and a black hoodie, and told another officer he was "pretty sure" Hendren "was there too" and that "we might as well stop him and ID him too."

Hendren told Officer Jamar Reed he was a freelance reporter for the AJC but could not produce credentials. Reed and Officer Deronald Davis later arranged a "showup" with two construction workers who had been present during the protest.

The workers positively identified Hendren as "the video guy" who had been filming inside the convocation center. Based on this identification, officers handcuffed Hendren and detained him.

Thrash ruled that the officers had arguable probable cause to arrest Hendren for criminal trespass under Georgia law.

The judge rejected Hendren's argument that the officers manufactured the identification, noting that the construction workers identified Hendren based on personal knowledge and that the officers' comments were directed at each other, not the witnesses.

Thrash also excluded a YouTube video submitted by Hendren as evidence, ruling it was not properly authenticated because it was edited and the plaintiff could not identify who recorded or edited it.

The judge dismissed Hendren's First Amendment retaliation claim, noting that the existence of arguable probable cause for an arrest also defeats such a claim.

Hendren's claims for punitive damages and attorney's fees also failed because the underlying substantive claims were dismissed.

The GSU Defendants include Patton, Reed, Ewing, Davis, and Blaxstone.