In February 2019, a colleague asked Jacob Goforth, a sheriff’s deputy in Hamilton County, Tennessee, to witness a baptism. After Goforth arrived at a local lake, deputy and part-time preacher Daniel Wilkey introduced him to a woman, Shandle Riley, who, in Wilkey’s words, “wanted to be baptized,” according to court documents. Goforth wanted to ensure there was no sexual harassment as Riley was guided under the water, so he filmed the baptism on his cellphone.
At the time, Goforth did not know that Riley went underwater because Wilkey persuaded her she would not go to jail for possession of marijuana if she agreed to be baptized. Goforth found out that was the case when Riley sued him for a breach of qualified immunity when he failed to intervene in the baptism. Riley argued that Goforth’s failure to act was unlawful when he stood by while Wilkey deprived her of her freedom of religion and engaged in unlawful seizure of her person. (White v. Hamilton Cnty. Gov., Riley v. Hamilton Cnty. Gov., 6th Cir., No. 22-05409, May 18, 2023)
Qualified immunity is granted to public officials when they make mistakes in carrying out their duties but do not violate any known law. In reversing the district court’s decision, the Sixth Circuit Court of Appeals recently ruled that Goforth’s lack of intervention was not illegal because, so far, a failure to intervene is illegal only when violence is involved.
The court also noted that there has been no case of qualified immunity occurring when there is a possible breach of the First Amendment’s Establishment Clause, such as a deprivation of freedom of religion or freedom of speech. However, in this case, the court acknowledged that while such a breach may have occurred, the person responsible for that potential violation was Wilkey, not Goforth.
“Wilkey is not before us; only Goforth is,” the court’s opinion states. “There is nothing in the record indicating that Goforth knew of Wilkey’s quid pro quo, and Riley doesn’t argue that he did.”
The case provides a view of how a possible violation of the Establishment Clause would impact an employee or public official and further buttresses the strength of qualified immunity, either within or outside of the employment relationship. Public sector employers have access to resources at Employers Council that take into account unique issues present in government employment. Contact us to learn more.
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