Novak v. City of Parma, Ohio, No. 21-3290 (6th Cir. 2022)Annotate this Case
Novak created “The City of Parma Police Department” Facebook account to exercise his “fundamental American right” of “[m]ocking our government officials.” He published posts “advertising” free abortions in a police van and a “Pedophile Reform event.” Some readers called the police station. Officers verified that the official page had not been hacked, then posted a notice on the Department’s page, confirming that it was the official account and warning that the fake page was “being investigated.” Novak copied that post onto his knockoff page. Officers asked Facebook to preserve all records related to the account and take down the page. Lieutenant Riley issued a press release and appeared on the nightly news. Novak deleted the page. The investigation continued. Officers got a search warrant for Facebook, discovered that Novak was the author, then obtained an arrest warrant and a search warrant based on an Ohio law that makes it illegal to use a computer to disrupt or impair police functions. Officers arrested Novak, searched his apartment, and seized his phone and laptop. He spent four days in jail before making bond.
Indicted for disrupting police functions, Novak was acquitted. In Novak’s subsequent suit, 42 U.S.C. 1983, the Sixth Circuit affirmed summary judgment in favor of the defendants. The officers reasonably believed they were acting within the law. The officers could reasonably believe that some of Novak’s Facebook activity was not parody, not protected, and fair grounds for probable cause.