A federal appeals court has upheld a decision that denies qualified immunity to a Miami police officer accused of wrongfully arresting comedian Hannibal Buress during Art Basel 2017. This ruling allows Buress to continue his lawsuit against the City of Miami, the Miami Police Department, and Officer Luis Verne.
The incident in question occurred on a December night in 2017 in Miami’s Wynwood art district. Buress, who was enjoying a night out, asked Officer Verne—who was on duty and in uniform—to call him an Uber as his phone had died. When the officer declined, Buress noticed Verne engaging with young women outside a club and joked, “You’re over there kissing [women] but can’t call me an Uber?”
Things escalated quickly when Buress taunted the officer, calling him “stupid as f***” into his body-worn camera. Verne responded by arresting the comedian on charges of disorderly intoxication, which were later dropped. Buress, however, claims the arrest was an act of retaliation, citing that Verne was “just salty that he roasted his ass.”
The U.S. Court of Appeals for the Eleventh Circuit sided with Buress, ruling that his allegations could lead a reasonable jury to conclude that Officer Verne acted out of malice and without probable cause. The court’s opinion specifically noted that Verne’s agreement with Buress’ statement about being “salty” over the roast could bolster the comedian’s claims.
Buress is seeking damages for false arrest and retaliatory actions against him for exercising his free speech rights. The lawsuit also points to a broader issue within the Miami Police Department, alleging a pattern of failing to hold officers accountable for misconduct.
The Miami Office of the City Attorney has indicated that they will continue to explore legal options, including a potential appeal to the U.S. Supreme Court, as the Eleventh Circuit is the highest federal court with jurisdiction over Florida. Should the case proceed, it will be heard in a Miami federal court.
This legal battle stems from what was initially a night of comedy turning into a prolonged ordeal for Buress, who claims that the wrongful arrest caused him to lose professional opportunities and diverted his resources to fight the false charges.
The comedian also filed a lawsuit against Officer Elio Villegas, who arrived at the scene but did not intervene. However, the court granted Villegas immunity, stating that he did not have sufficient information to challenge Verne’s actions at the time.
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