Buress filed the federal lawsuit in 2020 against the City of Miami and police officer Luis Verne over a 2017 incident during Art Basel. He says Verne wrongfully arrested him on a disorderly intoxication charge after he made fun of the cop following a night out drinking in Wynwood.
At one point in the encounter, Buress declared into Verne's body-worn camera, "Hey, what's up? It's me, Hannibal Buress! This cop is stupid as fuck." He insisted that Verne was "just salty that [Buress] roasted his ass."
On August 30, U.S. District Judge Robert Scola Jr. denied the city's and Verne's motions for summary judgment in a ruling that moves the case one step closer to trial.
The judge found a "genuine factual dispute" as to whether Verne had probable cause to arrest Buress under laws governing disorderly intoxication or disorderly conduct. The judge ruled that none of Buress' speech appeared to fall outside the scope of First Amendment protections.
"Even if it was undisputed that Buress aggressively verbally abused officer Verne and drew a crowd due to his behavior, such conduct cannot form the basis for an arrest. An individual's speech without more — even if the speech is offensive — cannot provide probable cause for either of these offenses under Supreme Court, Eleventh Circuit, and Florida Supreme Court precedent," the judge wrote.
In his motion, Verne had called Buress' conduct "loud, insulting, profane" and "threatening" in a bid to justify detaining Buress.
Scola granted a motion for summary judgment by a second officer, Elio Villegas, whom Buress accused of failing to intervene during the incident. Villegas arrived on the scene after Buress was already in handcuffs and had no way of confirming whether Buress had been wrongfully detained, the judge ruled.
"Based on officer Verne's body-worn camera footage and Buress' version of events, officer Villegas did not have sufficient notice that officer Verne lacked probable cause," Scola wrote.
Both officers argued they were entitled to qualified immunity, the legal principle that shields government officials from being sued personally for their actions on the job. Scola granted immunity to Villegas but denied it to Verne.
The comedian's lawsuit claims his false arrest highlights how the Miami Police Department (MPD) does not hold officers accountable and has a "practice of unconstitutional abuses of power including unlawful detentions and false arrests." The complaint notes that nearly a year before Buress' arrest, an off-duty Verne choked a man and slammed his head into a bar at Miller's Ale House in Kendall.
The incident that sparked the lawsuit dates back to December 2017, when the comedian was hanging out in Wynwood during Art Basel. Buress asked Verne to call him an Uber because his phone died, offering the officer $20, but Verne refused and left Buress to his own devices.
"Moments after defendant officer Verne declined Mr. Buress's request, Mr. Buress observed defendant officer Verne — who was wearing his MPD uniform and clearly on duty — interacting with and kissing young women leaving a club," the lawsuit states.
Buress then cracked a joke in response: "You're over there kissing [women] but can't call me an Uber?"
The complaint says the joke was not well received, and the officer turned aggressive. He allegedly ordered Buress to leave the area and later followed him into another bar as Buress looked for a phone charger. The officer then claimed Buress was too drunk and ordered him out of the bar.
As the two stood outside, Verne turned on his body camera and again ordered Buress to leave. The comedian started walking away when he turned around and declared the cop "stupid as fuck."
Immediately thereafter, Verne placed Buress in handcuffs and refused to explain why.Comedian @HannibalBuress sues @MiamiPD over wrongful arrest during #ArtBasel — that is the subject of his new YouTube comedy special 'Miami Nights' #BecauseMiami https://t.co/GJVU3oUH4w pic.twitter.com/QNznyJkThd
— Billy Corben (@BillyCorben) July 31, 2020
Buress was hit with a disorderly intoxication charge, which prosecutors later dropped.
"As a result of his arrest and the resulting publicity, Mr. Buress lost paid engagements," the lawsuit alleges. "Mr. Buress was also forced to divert his time and financial resources to defend against the false charge defendant Verne filed against him."
The city argued in its motion that the comedian failed to show that it has a "custom or policy constituting deliberate indifference that caused the violation." The judge disagreed, writing Buress provided evidence that "could establish that the city knew of and ignored constitutional violations similar to those alleged in this case."
Earlier this month, Verne filed an appeal over the ruling to the United States Court of Appeals for the Eleventh Circuit.
Verne has also faced claims related to off-duty incidents where he was allegedly "under the influence of alcohol and had anger issues," according to the city's Civilian Investigative Panel (CIP).
