From Bailey v. Iles, decided Wednesday by Judge David Joseph (W.D. La.):
This matter arises out of an incident that began with a "posting" on Facebook during the early stages of the novel coronavirus (COVID-19) pandemic. On March 20, 2020, Waylon Bailey—allegedly "bored" due to the lockdown associated with COVID-19—posted the following message on his personal Facebook feed:
SHARE SHARE SHARE ! ! ! !
JUST IN: RAPIDES PARISH SHERIFFS OFFICE HAVE ISSUED THE ORDER, IF DEPUTIES COME INTO CONTACT WITH "THE INFECTED" SHOOT ON SIGHT….Lord have mercy on us all. #Covid9teen #weneedyoubradpitt
Bailey claims he made the post because he thought it was "a funny and timely joke in light of the COVID-19 lockdowns." {This second "hashtag" allegedly refers to the science fiction movie "World War Z" which features the actor Brad Pitt "shooting zombies."}
Detective Randell Iles ("Detective Iles" or "Iles"), then an investigator with the Rapides Parish Sheriff's Office, was asked by his supervisors to investigate the post to determine if it was a threat to public safety. Detective Iles testified that after investigating the post, he believed "it was an attempt to get someone hurt." Eventually, Iles located Bailey and several officers went to Bailey's home.
According to Bailey, a "SWAT team descended on [him]" with their guns drawn and pointed at him, ordering him to get on his knees. Bailey was then handcuffed and told he was under arrest at which point, he claims an officer told him that the next thing he posts on Facebook, "should be not to fuck with the Police." Detective Iles disputes this narrative and testified that he did not have his weapon drawn when he approached Bailey, but rather introduced himself and shook Bailey's hand—at which point Bailey indicated that he knew Iles was there because of his Facebook post. Iles attests that he then advised Bailey of his rights, interviewed him, informed him that he was being arrested for terrorizing, and took him into police custody.
