US government move could end defamation lawsuit against SC Rep. Ralph Norman
The U.S government wants to insert itself as the defendant in place of a South Carolina Congressman in a lawsuit over the congressman’s Facebook comments about a controversial arrest of a Black man in Rock Hill, court records show.
The U.S. government wants the lawsuit dismissed, court records show. By substituting itself as the defendant, the lawsuit would in effect be dismissed because federal law bars such a suit against the federal government.
U.S. Rep. Ralph Norman, R-S.C., made comments on his U.S. House of Representatives Facebook page in June and July 2021 after the controversial arrest of Travis Price.
The arrests of Price -- and his brother Ricky -- were captured on video released publicly on Facebook. The incident sparked three days of race-related protests in Rock Hill, and called into question the use of force by local police.
Travis Price filed a federal lawsuit against the city of Rock Hill and Norman later in 2021. The suit alleges defamation against Norman, and civil rights violations among other claims against Rock Hill.
In a filing this week by the U.S. Department of Justice and the U.S. Attorney for South Carolina, government lawyers say Norman was, “an employee of the government and was acting within the scope of his office at the time of the incidents.”
The filing this week in federal court by Corey Ellis, the U.S. Attorney for South Carolina, and other lawyers with the U.S. government in Washington, D.C., claims Norman was an employee of the government when he posted about issues important to the public.
Norman “acted within the scope of his office when he posted about plaintiff’s arrest and the ensuing civil unrest in the city and state,” federal government lawyers state.
The federal judge in the lawsuit, Terry Wooten, has not yet ruled on the U.S. Government’s motion. No trial date has been set.
A lower federal magistrate judge has recommended that Norman stay a defendant in the lawsuit.
Travis Price’s lawyers have not yet responded in court to the U.S. Government’s attempt to have Norman dropped from the lawsuit.
Travis Price’s lead lawyer, Justin Bamberg, said he is aware of the motion by the United States government, but Price’s legal team believes Norman should remain a defendant in the lawsuit.
“Congressional duties did not make Rep. Norman publish defamatory statements online to tens of thousands of people about Travis, including the false facts that were not included in any official government documentation,” Bamberg said in a written statement to The Herald Wednesday. “He did that on his own. Politicians need understand that you should not and cannot just say whatever you want about citizens just because you have a title. We are raised by our parents at a young age to know that’s wrong, and becoming a Congressman doesn’t change that.”
The arrest and Facebook comments
During the June 23, 2021 incident, Travis Price was charged with hindering police. Those charges were later dropped by prosecutors who said Travis Price did nothing wrong.
The lawsuit alleges Norman pushed the public to believe false statements about Travis Price from the city and police department.
The police department issued a public statement on June 23, 2021, the night of the arrests, that stated Travis Price was at fault.
That statement, which is part of the federal court records, said:
“Officers began searching (Ricky) Price when his brother, Travis Price, arrived on scene and approached Officers. Travis Price attempted to gather the belongings Officers were removing from Ricky’s person and was told to move back. Travis then used his body to bump the Officers backward as he continued trying to get near his brother to reach for the belongings while yelling belligerently. Travis was forced back and told he was under arrest for interfering, and physically contacting officers. Travis shoved Officers, refusing to comply with orders to place his hands behind his back. Officers pushed Travis against a large tank located behind him, telling him to put his hands behind his back. Travis continued his non-compliance and Officers began struggling with Travis. While attempting to gain control of Travis, Officers and Travis went to the ground.”
Travis Price’s lawyers say that statement released by police June 23, 2021 was not accurate, and Price had been given permission to approach his brother.
Norman made Facebook posts about the incident on June 24, 2021, and then later in July 2021 that Travis Price said were defamatory and wrong. Those comments were seen by countless people online and harmed Travis Price who was wrongfully arrested, the lawsuit states.
The June 24 posting from Norman, which also is part of the federal court record states:
“Umm, I’m sorry, but you don’t get to take swings at officers... You don’t get to be non-compliant with their lawful orders. And you don’t get the luxury of resisting or evading arrest.”
Norman wrote an update to the Facebook post On July 15, 2021, but Price says in the lawsuit that the update did not remove all negative references. Price said in the lawsuit that Norman defamed him and pushed the public to believe the city police’s June 23, 2021 statement.
Previously in court filings, Norman’s lawyers said he relied on information from the city’s police department about the arrests. Norman’s lawyers have said Norman bore no ill will toward Travis Price.
Where things now stand
The controversial arrest and subsequent public protests raised concerns about a Rock Hill police officer’s use of force.
That officer, Jonathan Moreno, was fired two weeks after the controversial June 2021 arrest and faced criminal assault charges related to Travis Price.
A York County jury in January found Moreno not guilty of the assault charge.
York County’s top prosecutors, 16th Circuit Solicitor Kevin Brackett and Rock Hill Solicitor Chisa Putman, stated in a 2021 news conference that Travis Price did nothing wrong on June 23, 2021.
Brackett again stated Travis Price did nothing wrong during the January trial against Moreno.
Videos from the public, the store where the arrest happened, and police body camera video released in late June and July 2021 showed Travis Price being taken to the ground by Moreno.
Moreno is now running as a Republican for York County Council. Moreno faces Democratic incumbent William “Bump” Roddey for that county council seat.
Norman, a Republican from Rock Hill, is running for re-election in South Carolina’s 5th Congressional District. He faces no Republican opposition and won the Republican primary Tuesday.
Evangeline Hundley, of Newberry, won the Democratic primary Tuesday and will face Norman in November’s general election.
This story was originally published June 15, 2022 at 12:29 PM with the headline "US government move could end defamation lawsuit against SC Rep. Ralph Norman."
