Judge recommends dismissing Black man’s defamation suit against SC Congressman Norman
A federal magistrate judge in South Carolina has recommended that a defamation lawsuit filed against Congressman Ralph Norman by a Black man from Rock HIll be dismissed, court records show.
In a ruling issued late Wednesday, U.S. Magistrate Judge Shiva Hodges agreed with Norman’s lawyers that the United States government should replace Norman as the defendant in the lawsuit filed by Travis Price. And then the lawsuit should be dismissed because of legal rules against suing the federal government.
Norman’s lawyers claim in court documents that Norman is exempt from being sued because he is a congressman and government employee.
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.
Travis Price’s lawyers have not yet responded in court to the lawyers’ attempt to have Norman dropped from the lawsuit. Previously, Price’s lawyers have said Norman needs to be held accountable for making false statements to tens of thousands of people on Facebook.
A spokesman for Norman has said that neither Norman nor his office will comment on the lawsuit while it remains pending.
Arrest led to Rock Hill protests
The arrests of Price , and his brother Ricky, On June 23, 2021, were captured on video that was released publicly on Facebook. The incident sparked three days of race-related protests in Rock Hill, and publicly called into question the use of police force.
“The incident involving Plaintiff (Travis Price) was recorded by a witness and resulted in ‘substantial public backlash’ and protests,” Hodges wrote in court documents.
Both Price brothers are African-American.
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.
The recommendation filed Wednesday makes no mention of the part of the pending lawsuit against the city of Rock Hill.
The higher presiding federal judge in the lawsuit, Terry Wooten, has not yet ruled Hodges’ recommendation. Wooten can accept or reject the recommendation.
The arrest
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.
Police body camera videos released by police officials and prosecutors two weeks after the incident also showed Travis Price did not push or hinder police, officials said.
“The City dismissed the criminal charges against Plaintiff, confirming at a press conference that Plaintiff did not commit any criminal acts and that Plaintiff did nothing wrong,” Hodges wrote.
The officer involved in the subduing and arrest of Travis Price, Jonathan Moreno, was fired and charged with assault and battery in July 2021. Moreno was found not guilty after a trial in January 2022.
The lawsuit
The lawsuit alleges Norman pushed the public to believe false statements about Travis Price that came 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 Rock Hill police statement, which is part of the federal court records in the lawsuit, 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 was not accurate, and Price had been given permission to approach his brother. Prosecutors agreed.
On June 24, 2021, Norman made Facebook posts about the incident, and subsequent statements 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 had been 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 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. Norman’s lawyers said in court documents that Norman had no ill will toward Travis Price.
What happens now?
Price’s lawyers have two weeks to file arguments against Hodges’ recommendation, court documents show.
The part of Price’s federal lawsuit against the city of Rock Hill alleging civil rights violations, gross negligence and conspiracy remains pending.
No trial date has been set.
Norman, a Republican in office since 2017, faces Democrat Evangeline Hundley, of Newberry, in November’s general election.
Moreno, the officer involved and later acquitted in court, is a Republican candidate for York County Council in November’s election.
This story was originally published July 14, 2022 at 1:01 PM with the headline "Judge recommends dismissing Black man’s defamation suit against SC Congressman Norman."
