Once again, Key West Police Chief Buz Dillon is getting some international publicity— this time because he is being sued personally by the American Civil Liberties Union (ACLU) following his arrest of Key West The Newspaper Publisher Dennis Reeves Cooper last June. That action also generated headlines around the world. Cooper was interviewed by Bill O'Reilly on the Fox News Channel.
When the ACLU filed suit against Dillon in federal court here last month, the story was picked up by the Associated Press. It has now appeared in newspapers as far away as Thailand.
The ACLU is charging Dillon with violating the First Amendment (freedom of speech and freedom of the press), the Fourth Amendment (freedom from unreasonable search and seizure) and the Fourteenth Amendment (the right of equal protection). The lawsuit also accuses him of falsifying the sworn affidavit he used to get the arrest warrant.
Last year, Cooper published a series of articles about a police officer who allegedly lied in court and an internal affairs officer who allegedly covered it up. Cooper also gave his information to the Florida Department of Law Enforcement (FDLE). FDLE officials ordered Dillon to investigate the allegations— and told Cooper about that order.
On June 15, Cooper broke the story about the FDLE order. And on June 22, summarized the longrunning story in an editorial. The editorial was critical of Dillon and his department.
On the same day the editorial appeared, Dillon personally signed an arrest affidavit, accusing Cooper of violating a Florida gag law that made it a crime for a participant in an internal investigation to make public any information about that investigation. Based on Dillon's allegations, Judge Wayne Miller signed the arrest warrant.
Cooper turned himself in, was handcuffed, fingerprinted, jailed for three hours, then released without bond.
According to the ACLU lawsuit, however, the law used by Dillon to make the arrest had been declared unconstitutional 10 years ago. As a result, State Attorney Mark Kohl refused to prosecute.
Last July 13, Dillon sent his report concerning KWTN's allegations to the FDLE. The report confirmed that the officer had provided false testimony in court— but "unknowingly", the report said. The report also confirmed that the internal affairs investigator had declared perjury charges against the officer "unfounded"— without conducting an investigation.
Dillon did not recommend any disciplinary action.