Nearly four years ago, Anne King posted to Facebook, griping about her ex-husband -- a Washington County deputy.
Six days later, she was arrested for defamation and taken to jail by a different deputy -- a friend of her ex-husband's.
Now, she and the two deputies are still wrangling in federal court over whether they violated her rights, but a judge who called the arrest "patently absurd and unconstitutional" recently refused to throw out her lawsuit.
Deputy felt ‘disrespected’
It all started in January 2015 with King's 28-word post: "That moment when everyone in your house has the flu and you ask your kid's dad to get them (not me) more Motrin and Tylenol and he refuses."
King's lawsuit said that her ex-husband, Corey King, claimed he was too busy. Anne King said she was "feeling overwhelmed."
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According to the judge's order, Corey King -- saying he felt "disrespected" -- contacted the magistrate about filing a criminal complaint.
He also spoke to sheriff's investigator Trey Burgamy about applying for a criminal complaint. Court records say Burgamy is a "pretty good friend" or "close friend" of Capt. King.
"Captain King set out to have Ms. King arrested for a Facebook post he did not like," U.S. District Court Judge Marc Treadwell wrote in his Sept. 20 order.
‘Defamation’ charge doesn’t exist
According to Treadwell's order:
- Burgamy filed a sworn statement with a magistrate judge stating that Anne King's Facebook post was false and asking for an arrest warrant against her. But when he was asked later whether the post was true or not, he answered, "I couldn't tell you."
- Then the magistrate, Ralph Todd, issued a warrant for Anne King, for "criminal defamation." But that's not a criminal charge in Georgia, the judge wrote -- and hasn't been since 1982.
"A jury could reasonably find Investigator Burgamy, after researching the law, knew that posting on Facebook the way Ms. King did was not a crime and most certainly did not constitute criminal defamation," Judge Treadwell wrote. "Further, a jury could reasonably find that Investigator Burgamy swore to the truth of facts he did not know to be true."
Jurors might also conclude that Burgamy acted "with actual malice or actual intent to cause injury," "motivated by an evil motive or intent" and "with reckless or callous indifference to Anne King's rights," the judge wrote.
‘Angry ex-husband,’ not a deputy
After Todd approved the arrest warrant, Anne King was taken in a patrol car from the Washington County courthouse to the jail, fingerprinted and put in a holding cell for about five and a half hours. She was released on $1,000 bond.
A different judge dismissed charges against her about three months later.
Her federal lawsuit, filed in 2017, argues that Corey King and Burgamy violated her First and Fourth amendment rights, retaliated against her and maliciously prosecuted her.
Lawyers for the two deputies filed motions for "summary judgment" -- asking the judge to throw out the case, but by ruling in her favor last month, Treadwell found that Anne King had presented evidence to support her claims and that a reasonable jury could find in her favor.
The judge did dismiss one part of suit, ruling that Corey King has acted as a private person when he asked for the arrest warrant, not as a deputy.
"Captain King filed his complaint as an angry ex-husband," wrote Treadwell.
On Tuesday, Burgamy filed a notice saying he'll appeal Treadwell's ruling.
No trial date has been set.
Washington County Sheriff Thomas Smith said Wednesday that both King and Burgamy remain on the job.
He said he's awaiting the outcome of the court case before making any decisions about their job status. He declined further comment.
