Judge’s ruling dismisses SC congressman Norman as defendant in Rock Hill lawsuit
A federal judge has dismissed South Carolina Congressman Ralph Norman as a defendant in a defamation lawsuit filed after Norman’s Facebook comments related to a controversial 2021 arrest in Rock Hill.
Federal Judge Terry Wooten’s ruling late Monday agreed with Norman’s lawyers that the congressman acted in his official capacity when he made Facebook comments about Travis Price.
Price alleged defamation against Norman in the lawsuit.
The ruling comes three weeks before 5th District U.S. Rep. Norman, a Republican, faces a re-election.
The arrests of Travis Price and his brother, Ricky, who are Black, sparked three days of race-related protests in Rock Hill and raised questions about the use of police force.
Wooten’s order follows a recommendation this summer by a lower federal magistrate that stated Norman should be dropped as a defendant.
Wooten cited laws that allow the U.S. Government to be substituted in Norman’s place as a defendant, Monday’s ruling showed. And then Wooten dismissed that part of lawsuit because of laws that prohibit suing the federal government.
Norman’s lawyers had claimed in court documents that Norman is exempt from being sued because he is a government employee.
“Because Price’s claim arises out of allegedly defamatory acts, his claim is barred,” Wooten wrote.
Wooten wrote in the order that courts have previously shown that members of Congress use social media among other methods to communicate with constituents.
“Federal courts have repeatedly recognized that Members of Congress are acting in their official capacity when they ‘broadcast their views on pending legislation and related current events through press releases, televised speeches, interviews, and, as in the present case, through social media postings,’ “ Wooten wrote.
Norman’s office, Price’s lawyers respond
Norman’s office issued the following statement late Monday:
“For a Republican congressman to stand up in defense of our police, only to then be sued by an out-of-town Democrat attorney, that’s sadly not surprising these days,” the statement said. “On a related note, also not surprising was roughly a dozen articles in the Rock Hill Herald covering every inconsequential detail of that frivolous lawsuit.”
Readers can seel all articles published by The Herald at heraldonline.com.
The statement said the court acted appropriately in dismissing congressman Norman from the lawsuit.
“The U.S. District Court was entirely correct to dismiss Rep. Norman as a defendant in this case,” the statement from Norman’s office said. “And today seems like another great opportunity to remind our local law enforcement officers of just how profoundly grateful Rep. Norman is for each one of them.”
Justin Bamberg, Travis Price’s lawyer, issued a statement Tuesday morning.
In the statement to The Herald, Bamberg said Travis Price was wronged and justice for Price should be apolitical.
That statement said:
“What happened to Travis Price is not political. It’s not about Republican and Democrat. It’s about right and wrong, and it’s disheartening that a sitting Congressman sees political opportunity in the terror experienced by an innocent young man in the Rock Hill community. To be a great leader in this world, one has to stand with people, not above them. This isn’t a game to Travis, his children, or his legal team. But what is to be expected from a politician who had too much pride to just apologize to a young man that he published proven falsehoods to tens of thousands of people? Travis deserved and still deserves better.”
Bamberg, a Democrat, is a South Carolina state representative from Bamberg County. Bamberg’s father is the Bamberg County Sheriff and his brother is a law enforcement officer.
Bamberg said the pursuit of justice for Travis Price continues.
“We respect the Court’s legal holding, and we will continue fighting for justice,” Bamberg said. “Sovereign immunity of a government actor isn’t a legal finding that the government actor was right. To the contrary, it just means that, once again, a privileged person in America with the right title will be allowed to escape the very consequences that the average citizen is forced to face everyday... even if they are innocent like Travis was.”.
The lawsuit
Travis Price’s federal lawsuit against the city of Rock Hill and Norman alleged defamation against Norman, and civil rights violations among other claims against Rock Hill.
The recommendation filed Wednesday does not rule on the pending lawsuit against the city of Rock Hill. The city of Rock Hill has denied any wrongdoing, court documents show.
Norman made comments on his U.S. House of Representatives Facebook page in June and July 2021 after the controversial arrests.
Norman’s lawyers said in court documents that Norman relied on information from the Rock Hill Police Department in making the posts.
Rock Hill protests after arrests
Travis Price and his brother were arrested on June 23, 2021, in an incident captured on video that was released publicly on Facebook.
The Facebook video went viral, prompting protesters to take to downtown Rock Hill streets.
Ricky Price, who was on bail from previous drug charges, was pulled over by police who claimed to find drugs and a gun. Travis Price arrived to get jewelry and other items from his brother.
In the video, Travis Price is taken to the ground and choked by police. Ricky Price was punched by police.
Charges against Travis Price were dropped about two weeks later by prosecutors who said Travis Price had done nothing wrong, court documents show. Police body camera videos released by police officials and prosecutors after the incident also showed Travis Price did nothing wrong, officials said.
Jonathan Moreno, the officer involved in the subduing and arrest of Travis Price, was fired and charged with assault and battery in July 2021. Moreno was found not guilty after a trial in January 2022.
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 have said in court documents that police statement was not accurate.
On June 24, 2021 and in July 2021, Norman made Facebook posts about the incident. 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 about Travis Price.
The post also states Norman’s support of police.
The July 15 posting from Norman remains on his official congressional Facebook page.
It has had more than two thousand comments, and has thousands of views and shares.
What happens now?
It remains unclear when the part of the lawsuit against the city of Rock Hill will move forward.
Norman, a Republican from Rock Hill in office since 2017, faces Democrat Evangeline Hundley, of Newberry, on Nov. 8 in the general election.
This story was originally published October 18, 2022 at 9:46 AM with the headline "Judge’s ruling dismisses SC congressman Norman as defendant in Rock Hill lawsuit."
