A federal judge has dismissed a civil rights lawsuit accusing Bull Shoals police officers and officials of wrongful arrest and political retaliation tied to a 2022 incident at a local property.
Brenna and Charles Ferrell filed the lawsuit in September 2024 against the City of Bull Shoals and four defendants: David Nixon, David Hotchkiss, John Ainsworth, and Dustin Sanders. The lawsuit alleged malicious prosecution, unlawful seizure, First Amendment retaliation, fabrication of evidence, unequal treatment, and violations of Arkansas law. U.S. District Judge David Clay Fowlkes granted summary judgment in favor of the defendants, dismissing the case with prejudice on July 23.
The claims stemmed from a confrontation on August 15, 2022, at a building owned by local property owner Nick Knopic. According to court records, the Ferrells said they were managing the property when they found former tenants entering the building without permission. They contacted police and arrived at the scene with a firearm, asserting that the former tenants were breaking in. Responding officers, however, were told by both Knopic and Hotchkiss that Hotchkiss was the property manager and that the tenants had a legal right to be there.
The former tenants alleged that Brenna Ferrell pointed a firearm at them, prompting an affidavit prepared by Officer Dustin Sanders based on their statements and supporting cellphone video. The affidavit led to a warrant for Brenna Ferrell’s arrest, and she was subsequently booked into jail. She was later acquitted of the criminal charges against her.
In the lawsuit, the Ferrells claimed that false information in Sanders’ affidavit and a broader conspiracy between city representatives aimed to damage their business and force them to leave Bull Shoals. However, Judge Fowlkes ruled that the acquittal did not establish a lack of probable cause at the time of the arrest. The court found that officers reasonably relied on the tenants’ statements, information from Knopic and Hotchkiss, and the video evidence.
Additionally, the judge found no evidence that Sanders intentionally included false information in the affidavit, that there was a conspiracy to retaliate against Ferrell for her political activities, or that the Ferrells were treated differently than others in similar circumstances. Without proof of a constitutional violation, the court also determined that Nixon, Ainsworth, and Sanders were entitled to qualified immunity.
Claims against the City of Bull Shoals were dismissed as well, with the court stating that the Ferrells had not shown that any city policy or custom contributed to a violation of their constitutional rights.
The case had been scheduled for jury trial on August 17 in Fort Smith but will no longer move forward after the dismissal.