The federal “acorn cop” lawsuit filed by Marquis Jackson against Okaloosa County, its sheriff’s office, and nine law enforcement officials is active in the U.S. District Court for the Northern District of Florida, and no settlement or resolution has been publicly reported. Jackson filed the case on September 11, 2024, roughly ten months after a deputy mistook a falling acorn for a suppressed gunshot and opened fire on the patrol car where Jackson sat handcuffed in the back seat.1WEAR TV. Jackson v. County of Okaloosa Complaint
Where the Case Stands Now
The suit is docketed as Jackson v. County of Okaloosa, et al., Case No. 3:24-cv-00429-TKW-ZCB. Jackson’s administrative claim against the county was rejected by operation of law on September 23, 2024, which cleared the way for the federal case to move forward.1WEAR TV. Jackson v. County of Okaloosa Complaint The Okaloosa County Sheriff’s Office has said it is limited in what it can say publicly while the litigation is pending.2Okaloosa County Sheriff’s Office. Sheriff Eric Aden on Officer Involved Shooting
No criminal charges were ever brought. The sheriff’s Criminal Investigations Division and an independent review by the First Judicial Circuit State Attorney’s Office both found no probable cause to charge any of the officers.3NBC News. Video Shows Florida Deputy Repeatedly Shoot at Man After Mistaking Falling Acorn for Gunshot
Who Was Sued and on What Grounds
The complaint names eleven defendants: Okaloosa County, the Okaloosa County Sheriff’s Office, Sheriff Eric Aden, former Deputy Jesse Hernandez, Sergeant Elizabeth Roberts, Sergeant Pierre Batiste, Deputy Jerald Rheinhardt, Deputy Trent Zellars, Deputy Robert Wagner, Deputy Javier Reyna, and up to 50 unidentified deputies or agents listed as Does 1–50.1WEAR TV. Jackson v. County of Okaloosa Complaint
Jackson brings claims under 42 U.S.C. § 1983, the federal civil rights statute. Those claims include Fourth Amendment excessive force, failure to intervene, conspiracy, municipal liability under the Monell doctrine, and supervisory liability. The complaint also raises state tort claims.1WEAR TV. Jackson v. County of Okaloosa Complaint
A New Allegation About Less-Lethal Rounds
Jackson’s lawsuit expands the list of officers alleged to have used force beyond the two who fired live rounds. According to the complaint, after Hernandez and Roberts stopped shooting, Sergeant Pierre Batiste ordered Deputies Rheinhardt and Zellars to fire less-lethal munitions at the patrol car’s windows while Jackson was still inside.1WEAR TV. Jackson v. County of Okaloosa Complaint Twenty-two rounds were fired at the vehicle in total during the incident, and none struck Jackson.4WRBL. Victim Shot at 22 Times Files Lawsuit After Okaloosa County Deputy Mistakes Acorn for Gunshots
What Happened to the Officers
Jesse Hernandez, the deputy who fired first, resigned on December 4, 2023, while the internal investigation was still open. He had joined the agency in January 2022.5WEAR TV. Okaloosa County Deputy Resigns Following Officer-Involved Shooting The sheriff’s Office of Professional Standards later concluded his use of force was “not objectively reasonable” and sustained a policy violation for “excessive use of control to resistance.”3NBC News. Video Shows Florida Deputy Repeatedly Shoot at Man After Mistaking Falling Acorn for Gunshot Hernandez has not been reported as returning to law enforcement.
Sergeant Elizabeth Roberts, who joined the sheriff’s office in May 2008 and fired her weapon after hearing Hernandez shout that he had been hit, was exonerated. Investigators found her use of deadly force was “objectively reasonable” because she was reacting to what she believed was an active shooting involving a fellow deputy.2Okaloosa County Sheriff’s Office. Sheriff Eric Aden on Officer Involved Shooting
Sheriff Eric Aden said publicly that he had “no reason to think former Deputy Hernandez acted with any malice,” but acknowledged that “his actions were ultimately not warranted.”2Okaloosa County Sheriff’s Office. Sheriff Eric Aden on Officer Involved Shooting
What Jackson Is Seeking
Jackson was not struck by any of the bullets and was released without charges after being briefly held. He says the psychological harm has lasted. On social media he wrote, “I was blessed not to get hit by any bullets or get hurt physically but mentally, I’m not okay,” and, “I truly believe I’m damaged for life.”3NBC News. Video Shows Florida Deputy Repeatedly Shoot at Man After Mistaking Falling Acorn for Gunshot He has also said he will “likely never feel comfortable in the presence of law enforcement again.”6WJHG. Lawsuit Filed Over Acorn Shooting Incident
Through the lawsuit, he is seeking monetary damages and a review of law enforcement policy at the Okaloosa County Sheriff’s Office.6WJHG. Lawsuit Filed Over Acorn Shooting Incident