A woman involved in a COVID-19 shutdown protest in Raleigh in 2020 has been allowed to proceed with a lawsuit against the city and four law enforcement officials. Monica Ussery claims her rights were violated when she was arrested and prosecuted for nearly three years. The lawsuit has been dismissed against the governor, Wake County district attorney, and head of the state Department of Public Safety.
Superior Court Judge George Hicks dismissed complaints against four defendants while allowing the case to continue against others. Ussery’s lawyers argue that the officials conspired to suppress public demonstrations against COVID-19 policies, targeting her specifically.
Ussery was convicted of second-degree trespass and violating the COVID shutdown executive order, but eventually had charges dismissed after accepting a deal for community service. Her lawyers claim that the actions taken against her were punitive and retaliatory.
State defendants argue that Ussery’s claims are implausible and fail to show a conspiracy to deprive her of constitutional rights. They maintain that the officers had probable cause to arrest her and that her constitutional claims are barred by governmental immunity.
The case highlights the ongoing legal battles between individuals protesting COVID-19 policies and government officials, with Ussery’s lawsuit challenging the actions taken against her during the protest.
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