An appeal to uphold the law: Pa. officer punished for not carrying out illegal order
Attorneys with ADF available for media interviews after arguments against federal court decision affirming unconstitutional order to kick Christian group off campus
Wednesday, Jan 26, 2011
WHO: ADF-allied attorney Randall L Wenger and ADF Senior Counsel Tom Marcelle
WHAT: Available for media interviews following hearing in Armbruster v. Cavanaugh
WHEN: Thursday, Jan. 27, immediately after the hearing, which begins at 9 a.m. EST
WHERE: U.S. Court of Appeals for the 3rd Circuit, 601 Market St., Philadelphia
PHILADELPHIA — Alliance Defense Fund allied attorney Randall L. Wenger and ADF Senior Counsel Tom Marcelle will be available for media interviews Thursday following oral arguments before the U.S. Court of Appeals for the 3rd Circuit in Armbruster v. Cavanaugh, involving a campus police officer’s “failure” to carry out the Kutztown University police chief’s unconstitutional order.
PHILADELPHIA — Alliance Defense Fund allied attorney Randall L. Wenger and ADF Senior Counsel Tom Marcelle will be available for media interviews Thursday following oral arguments before the U.S. Court of Appeals for the 3rd Circuit in Armbruster v. Cavanaugh, involving a campus police officer’s “failure” to carry out the Kutztown University police chief’s unconstitutional order.
“Corporal Armbruster understood that police officers are called on to acknowledge and respect the constitutional rights of American citizens, including Christian pro-life advocates, who have the same First Amendment-protected rights to express their beliefs as everyone else,” said Wenger, chief counsel of the Harrisburg-based Independence Law Center and one of nearly 1,900 attorneys in the ADF alliance. He should be commended for holding to his duty as a civil servant to protect--not violate--the free speech rights of the group he was told to arrest.”
In April 2007, approximately 15 members of a Christian group peacefully shared their beliefs on the KU campus, which included speaking about moral issues such as abortion. While they were sharing, about 300 protesters from several organizations and clubs appeared on the scene and loudly opposed the message, causing the KU president and KU Police Dept. Chief William Mioskie to insist the Christian group leave campus. Corporal Steven Armbruster refused to violate the constitutional rights of a group of Christians peacefully sharing their views on various issues by not obeying an illegal order to forcefully remove them from campus.
Armbruster became concerned after Mioskie ordered him to “push” the group off campus under threat of arrest for “disorderly conduct.” He told Mioskie that he believed arresting or threatening to arrest the demonstrators would violate their civil rights. Mioskie immediately relieved Armbruster of his duties and told him to leave the scene while other officers executed his orders. With evidence, charges against Christian group members were dismissed.
The KU Police Dept. subsequently suspended Armbruster without pay for five days, issued him a disciplinary letter, and threatened him with termination if he took such a stand in the future. ADF attorneys filed a lawsuit on Armbruster’s behalf in March 2009, which a federal court dismissed the following March
“Placing an officer on unpaid leave, putting a disciplinary letter on his file jeopardizing his promotion to sergeant, and threatening him with termination is the wrong response to upholding his oath as a law enforcement official to obey the Constitution,” said Marcelle. “This case should never have been dismissed, and we’re optimistic that the 3rd Circuit will agree.”
In April 2007, approximately 15 members of a Christian group peacefully shared their beliefs on the KU campus, which included speaking about moral issues such as abortion. While they were sharing, about 300 protesters from several organizations and clubs appeared on the scene and loudly opposed the message, causing the KU president and KU Police Dept. Chief William Mioskie to insist the Christian group leave campus. Corporal Steven Armbruster refused to violate the constitutional rights of a group of Christians peacefully sharing their views on various issues by not obeying an illegal order to forcefully remove them from campus.
Armbruster became concerned after Mioskie ordered him to “push” the group off campus under threat of arrest for “disorderly conduct.” He told Mioskie that he believed arresting or threatening to arrest the demonstrators would violate their civil rights. Mioskie immediately relieved Armbruster of his duties and told him to leave the scene while other officers executed his orders. With evidence, charges against Christian group members were dismissed.
The KU Police Dept. subsequently suspended Armbruster without pay for five days, issued him a disciplinary letter, and threatened him with termination if he took such a stand in the future. ADF attorneys filed a lawsuit on Armbruster’s behalf in March 2009, which a federal court dismissed the following March
“Placing an officer on unpaid leave, putting a disciplinary letter on his file jeopardizing his promotion to sergeant, and threatening him with termination is the wrong response to upholding his oath as a law enforcement official to obey the Constitution,” said Marcelle. “This case should never have been dismissed, and we’re optimistic that the 3rd Circuit will agree.”
- Fact sheet on the case
ADF is a legal alliance of Christian attorneys and like-minded organizations defending the right of people to freely live out their faith. Launched in 1994, ADF employs a unique combination of strategy, training, funding, and litigation to protect and preserve religious liberty, the sanctity of life, marriage, and the family.