Document Type

Brief

Case Name

Rev. Stephen Jarrard v. Sheriff of Polk County

Publication Date

5-12-2023

Abstract

No. 23-10332
Rev. Stephen Jarrard v. Sheriff of Polk County

Appeal from the United States District Court for the Northern District of Georgia No. 4:20-cv-00002-MLB

From the Summary of the Argument

This is an unusual appeal. Sheriff Johnny Moats and Chief Jailer Al Sharp all but admitted that they retaliated against Jarrard and barred him from Polk County Jail’s volunteer ministry program because they disagree with his religious belief that baptism is required for salvation. Indeed, Moats told Jarrard in writing that Jarrard’s beliefs are “contrary to the teaching of the Bible” and that he would not be allowed to continue his ministry because the Jail’s “stance” was that “baptism can wait until after release since it is not a requirement for salvation.” Doc. 61-2 at 1–2. The district court found that a jury could “easily” conclude that Moats and Sharp’s actions were “motivated by [those] illegitimate interests (theology) rather than legitimate” government concerns. Doc. 75 at 12–13. And yet the district court granted summary judgment to Moats and Sharp on Jarrard’s claim for First Amendment retaliation.

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