SC congressman seeks case dismissal after being sued by Rock Hill man over statements
A U.S. congressman from South Carolina will seek to have the case against him dismissed after being sued by a Rock Hill man over Facebook comments related to a controversial arrest , documents show.
Lawyers for U.S. Rep. Ralph Norman, R-S.C., filed documents Tuesday that state Norman wants a trial in federal court, if a judge does not throw out the lawsuit.
The suit was filed by Travis Price. His lawyer wants a York County jury to hear the case. The lawsuit originally was filed in July in York County civil court. But a federal judge moved the lawsuit to federal court this week after Norman claimed the suit is a federal issue.
The June 23 arrest of Travis Price and his brother Ricky Price sparked three days of race related protests in Rock Hill after a private citizen posted video showing police tactics used during the arrests. The Price brothers are Black.
Price claimed in the lawsuit that a public statement released by the police department had false and defamatory statements about him.
Price had been charged with hindering police activity in the incident where both he and his brother, Ricky Price, were arrested. Travis Price was grabbed around the neck and taken to the ground by Rock Hill police, video shows. The incident called into question police officer’s use of force.
In July, prosecutors and the Rock Hill Police Department dropped the charge against Travis Price. The officer involved was fired and arrested. Prosecutors said when the charge against Travis Price was dropped that Travis Price “did nothing wrong.”
The lawsuit claims Norman published statements that were false and defamatory on his Rep. Ralph Norman Facebook page June 24 claiming “what actually happened.”
In the Norman Facebook posting, Norman stated his support for police.
“Umm, I’m sorry, but you don’t get to take swings at officers,” the Norman Facebook statement said, according to the federal lawsuit. “You don’t get to be non-compliant with their lawful orders. And you don’t get the luxury of resisting or evading arrest.”
Travis Price said in the lawsuit that Norman defamed him and pushed the public to believe the city police’s June 23 statement, which claimed Travis Price was wrong and aggressive toward officers.
After the case was moved to federal court this week, Norman’s lawyers filed a document that says Norman will seek to have the case against him dropped. But if a federal judge says Price’s case can go forward, Norman’s lawyers say he wants a South Carolina statewide jury to hear it as a federal case.
“Congressman Norman intends to move to dismiss each claim against him for lack of subject matter jurisdiction and failure to state a claim,” a federal court document states. “In the event that such motion is denied, Congressman Norman believes each claim should be tried by jury.”
The lawsuit claims gross negligence and conspiracy against the city for its statement and Norman for his posts. The lawsuit also alleges false imprisonment, malicious prosecution, defamation, and other violations of Travis Price’s Constitutional rights.
The lawsuit asks for damages to Travis Price because he was physically hurt in the arrest and emotionally hurt by the statements.
Where the lawsuit stands - federal versus local
Travis Price’s lawyer, Justin Bamberg, said Wednesday he is going to seek to have the case moved back to civil court in York County where the wrongful arrest happened.
Bamberg said Norman’s status as a congressman should not get the case moved to the federal court.
“It’s telling when a Congressman from York County does not trust his constituents in York County to hear a case involving defamatory comments made about an innocent man from this community,” Bamberg said Wednesday. “We will be filing a motion to remand this matter back to state court in York County where it belongs.”
Bamberg said Norman’s comments were targeted toward the public in Rock Hill and York County.
“This case isn’t about (Norman’s) role as a member of Congress but instead is about what he, as a regular person like you or I, said about another,” Bamberg said. “Politicians shouldn’t receive special treatment just because they have a title.”
Austin Livingston, spokesman for Norman’s congressional office, said Wednesday Norman declined comment on the expected request to drop the lawsuit or moving the case to federal court.
“There is no comment, nor will there ever be a comment on this, while litigation is pending,” Livingston told The Herald in an email.
South Carolina federal magistrate judge Shiva Hodges on Tuesday gave Norman and his lawyers until late September to file an official response to the Price lawsuit.
Norman is represented by four lawyers from the U.S. House of Representatives general counsel’s office in Washington, D.C., according to court records.
Case against the city of Rock Hill
Travis Price also claims in the same lawsuit the city of Rock Hill sent out a false statement about him to the public and media.
The city police statement 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.”
The city of Rock Hill also remains a defendant in the federal lawsuit. The city has not responded to the lawsuit.
Paul Dillingham, the city’s lawyer, declined comment Wednesday.
Efforts Wednesday to reach lawyers for Norman were unsuccessful.
