Steve Melton v. City of Forrest City, Arkansas; Cedric Williams

Little Rock, Arkansas civil rights lawyer represented the Plaintiff on a First Amendment violation theory.



Steven Melton is a pro-life, evangelical Christian. In June 2020, he reposted

a black-and-white image on Facebook that depicted a silhouette of a baby in the

womb with a rope around its neck. His intent was to convey that he was "anti-

abortion.”



Others did not view the image the same way. Two weeks after he posted it, a

retired fire-department supervisor complained to Melton that he thought it looked

like a noose around the neck of a black child. It upset him because the caption of

the image, "I can't breathe!,” was associated with the protests surrounding George

Floyd's death. Melton agreed to delete it immediately.



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Does a Forrest City fireman who lost his job because he posted a provocative

image on his personal Facebook page have a First Amendment retaliation claim that

can get to a jury? We conclude that he does.

I.

Steven Melton is a pro-life, evangelical Christian. In June 2020, he reposted

a black-and-white image on Facebook that depicted a silhouette of a baby in the

womb with a rope around its neck. His intent was to convey that he was "anti-

abortion.”

Others did not view the image the same way. Two weeks after he posted it, a

retired fire-department supervisor complained to Melton that he thought it looked

like a noose around the neck of a black child. It upset him because the caption of

the image, "I can't breathe!,” was associated with the protests surrounding George

Floyd's death. Melton agreed to delete it immediately.



Deleting it was not enough for Mayor Cedric Williams, who called him into

his office the next day. Although Melton was "apologetic,” the mayor placed him

on administrative leave pending an investigation. After a single day reviewing

Melton's Facebook page and discussing the post with the current fire chief, two

retired firefighters, several attorneys, and a human-resources officer, the mayor

decided to fire Melton over the image's "egregious nature.”



Melton was fired and brought a First

Amendment retaliation claim against Mayor Williams in both his individual and

official capacities. See 42 U.S.C. § 1983. He also included one against Forrest City

for what he alleged was an unwritten policy granting city officials unbridled

discretion to censor employee speech.

Dismissed.



Reversed