GASTONIA, N.C. — Editor's note: The concept of suicide is briefly discussed in this article. While nothing graphic is described, reader discretion is advised.
A homeless veteran whose arrest by two Gastonia Police Department officers sparked protests has filed a lawsuit claiming city officials made disparaging remarks about him online in the wake of the incident, and that the incident violated his rights.
Attorneys for Joshua Rohrer announced Thursday they would be suing the city of Gastonia and the two police officers who arrested Rohrer in October 2021: Cierra Brooks and Maurice Taylor. In addition to compensatory damages and other punishments for the alleged use of excessive force, Rohrer's suit is asking for the city's anti-panhandling ordinance to be declared unconstitutional. Additionally, Rohrer's attorneys said his rights were violated under the First, Fourth, and Fourteenth Amendments, along with rights afforded under the Americans with Disabilities Act, the Rehabilitation Act, and state law.
The lawsuit also claims the stress of the arrest caused Rohrer to attempt suicide, and that he eventually began taking a range of psychiatric medications while also seeing a therapist to deal with the mental health repercussions, which included ongoing thoughts of suicide.
Further, the suit claimed Brooks made disparaging remarks about Rohrer on her own Facebook page. A local magistrate judge's own alleged Facebook remarks were also included in the suit, and the filing claims comments made from the official page for the police department "belittled and disparaged" Rohrer with a "relentless campaign". Comments made by the department on Facebook were shared as screenshots.
Rohrer is being represented by the Guidry Law Firm and by the Institute for Constitutional Advocacy and Protection (ICAP) at Georgetown University. The suit also names a department spokesperson and an anonymous person as defendants.
George Mead, senior counsel for the ICAP, said in a statement, “Mr. Rohrer has been—and continues to be—targeted by the Gastonia police for his constitutionally protected speech, from standing on a median accepting donations from passersby to protesting government misconduct and calling for accountability in the wake of his arrest. This case is about ensuring that even members of the most vulnerable populations in our society—including people with disabilities or without housing—will be protected from government overreach and retaliation.”
Rohrer has also released his own statement with the announcement of the new lawsuit:
As many members of the Gastonia community know, October 13, 2021, was one of the worst days of my life. The Gastonia Police Department violated my constitutionally protected rights, assaulted me, and tased and permanently incapacitated Sunshine, my VA-prescribed PTSD service animal. I have vowed to get justice for Sunshine since that day, and the filing of this lawsuit is the next step in that promise to her.
Even almost two years later, I am still suffering from the harm caused by GPD and its officers. My arrest and the loss of Sunshine affected my physical capabilities and caused irreparable damage to my ability to manage my PTSD. Contrary to Officer Brooks's statement on Facebook, Sunshine wasn’t “just a damn dog.” Sunshine was my lifeline in this world.
In the time since my arrest, the City of Gastonia, the Gastonia Police Department, Officer Brooks, Mr. Goodale and others have used social media to abuse and harass me and gaslight the public about the facts and my personal history. I deserve better than to be bullied and disparaged just for exercising my right to free speech, and the lawsuit is also an effort to address this misconduct and discourage the government from acting in such an unconstitutional manner.
Gastonia has long had a history of targeting and mistreating those it deems less desirable. Fittingly, they say that “Sunshine is the best disinfectant.” I hope that this lawsuit will be that disinfectant and bring justice and accountability to Gastonia.
When asked for comment, a Gastonia Police spokesperson said they had not been made aware of the suit and would be unable to comment anyway.
Rohrer was approached by Taylor and Brooks during the evening of Oct. 13, 2021, along Cox Road and Gaston Mall Drive. The police department said the officers had received a complaint about a panhandler. Rohrer was accompanied by Sunshine, his service dog. As the arrest happened, Sunshine reportedly bit one officer's boot. The officer then used a stun gun on her, causing her to briefly run off.
While Sunshine was taken in by Rohrer's Veterans Affairs advocate in Shelby, she was able to get out of the home. Advocates reported she was hit and killed by a car just two days after the arrest.
Rohrer was initially charged with panhandling and resisting arrest but later saw those charges dropped. The Gastonia Police Department eventually released the body camera footage of the incident on a judge's order in July of 2022. The two officers involved in his arrest also ended up not facing charges.
Rohrer had seen the footage prior to its release and claimed the department was lying about what happened. A media coalition led by WCNC Charlotte had previously requested a judge to order the release in December 2021, but that judge denied it.
If you or a loved one are facing thoughts of suicide or self-harm, there is help readily available. You can call Suicide and Crisis Lifeline at 988 or chat with them online. There are also resources in North Carolina available here and in South Carolina available here.