Lee Van Brown was a police officer in Dermott, Arkansas. In 2019, he witnessed another officer, Coby Heard, use excessive force against a parolee. Although another officer reported the incident to the Police Chief, Brown alleged that Heard subsequently falsely accused Brown of taking money from a parolee, which the parolee corroborated, leading to a state investigation. Brown alleges that he was later erroneously told he was fired in retaliation for the episode coming to light, and that he eventually resigned. Brown accepted an offer to join another police department, but that offer was rescinded due to the ongoing investigation. Prosecutors charged Brown with abuse of office and witness bribery, and he received a summons to appear. However, the charges were subsequently dismissed. Brown then sued the City of Dermott, the Police Chief, and other officials, claiming he was fired in retaliation for exercising his First Amendment rights and subject to malicious prosecution.
The district court dismissed Brown’s claims, and the Eighth Circuit affirmed. On the First Amendment claim, the court held that Brown could not show an adverse employment action. Brown admitted that he voluntarily resigned and did not sufficiently demonstrate constructive discharge. Without an actual termination or equivalent adverse action, retaliation liability could not attach. Brown’s Arkansas state Whistleblower Act claim failed for the same reason, because Brown failed to demonstrate that he suffered an adverse employment action.
Brown’s federal malicious prosecution claim failed because Brown was never “seized” for purposes of the Fourth Amendment. The court reasoned that merely being served with a summons to appear does not alone constitute a seizure, which is a necessary element of the claim. Because Brown alleged no other pretrial restrictions, his claim failed as a matter of law. Likewise, Brown’s state law malicious prosecution claim failed, because the parolee’s corroborating accusation provided sufficient probable cause for the abuse of office and witness bribery charges.
Brown v. City of Dermott, No. 23- 3073, 2025 U.S. App. LEXIS 21258 (8th Cir. Aug. 20, 2025).