Larry Bushart Lawsuit: Jailed 37 Days for a Meme, $835K Settlement

The Larry Bushart lawsuit ended in May 2026 with an $835,000 settlement paid by Perry County, Tennessee, after Bushart, a 61-year-old retired police officer, spent 37 days in jail over a political meme he posted on Facebook following the assassination of conservative activist Charlie Kirk.

The Meme That Led to the Arrest

About ten days after Kirk was shot on September 10, 2025, Bushart joined a Facebook thread about a local vigil and posted a meme showing Donald Trump with the words “We have to get over it” and “President Donald Trump, one day after the Perry High School mass shooting.” He added the caption “This seems relevant today.”¹ The quote came from a January 2024 Trump rally remark after a school shooting at Perry High School in Perry, Iowa.²

Perry County, Tennessee, also has a high school by that name. Sheriff Nick Weems said the post caused “mass hysteria” because residents might read it as a threat against the local school, and he had Bushart charged under Tennessee Code § 39-16-517, the state’s statute prohibiting threats of mass violence on school property.³

Thirty-Seven Days in Jail

Weems directed Investigator Jason Morrow to pursue the matter. Morrow obtained an arrest warrant on September 21, 2025, and Weems personally arrested Bushart in the middle of the night.⁴ A magistrate set bond at $2 million, which Bushart could not afford.⁵

He remained in custody for 37 days. During that stretch he lost a post-retirement job in medical transportation and missed both his wedding anniversary and the birth of his granddaughter.⁴

Charges Dropped

On October 29, 2025, District Attorney General Hans L. Schwendimann filed a nolle prosequi, formally declining to prosecute.⁶ The dismissal followed the release of Lexington Police Department body camera footage. Weems had claimed his investigator contacted Lexington police to give Bushart “options to de-escalate the situation” before the arrest, but Lexington’s police chief told reporters he had “seen no evidence” that his department was ever asked to do so.⁷

The Federal Civil Rights Complaint

On December 17, 2025, Bushart filed suit in the U.S. District Court for the Western District of Tennessee, case number 1:25-cv-01288, against Perry County, Sheriff Weems, and Investigator Morrow. Judge S. Thomas Anderson was assigned the case, with Magistrate Judge Jon A. York.⁸ He was represented by senior attorney Adam Steinbaugh and staff attorney Cary Davis of the Foundation for Individual Rights and Expression, with co-counsel from Phillips & Phillips, PLLC.⁹

The complaint raised three claims:

First Amendment retaliation for arresting, prosecuting, and jailing Bushart over protected political speech.
Unconstitutional application of Tennessee Code § 39-16-517, arguing the statute could not lawfully reach the meme because the arrest lacked probable cause or even arguable probable cause.
Fourth Amendment violation, alleging that Morrow, at Weems’s direction, omitted material facts from the arrest warrant affidavit, including that the meme referenced a real 2024 shooting in Iowa rather than any threat against a Tennessee school.

Bushart cited Watts v. United States (1969) and Counterman v. Colorado (2023) to argue the post was rhetorical political commentary, not a true threat, and sought compensatory damages, punitive damages against Weems and Morrow individually, and attorneys’ fees.¹⁰ The complaint also stated that the Perry County school district had “no records at all” relating to any alleged threat: no letters to parents, no student messages, no administrator communications.⁴

The $835,000 Settlement

The parties reached a deal at a settlement conference before Magistrate Judge York on April 30, 2026, and announced it publicly on May 20, 2026: Perry County would pay Bushart $835,000.¹¹ The money came from the Local Government Property and Casualty Fund, a not-for-profit member-owned insurance pool covering Tennessee county governments.¹² Under the agreement, Weems and Morrow were not required to admit wrongful conduct.¹³ Bushart filed a notice of voluntary dismissal on May 26, and Judge Anderson entered final judgment the next day.⁸

Bushart said he was “pleased my First Amendment rights have been vindicated” and that “the people’s freedom to participate in civil discourse is crucial to a healthy democracy.”⁹ Weems said he takes “no responsibility more seriously than protecting the children in our community” and that he was “happy to have this matter resolved.”¹² Steinbaugh said, “No one should be hauled off to jail in the dark of night over a harmless meme just because the authorities disagree with its message,” and Davis added that the outcome should “send a message to law enforcement across the country: Respect the First Amendment today, or be prepared to pay the price tomorrow.”

What Happened to the Sheriff

No public disciplinary action against Weems or Morrow has been reported. Weems has announced a bid for reelection and faces a challenge from Lauren Smoyer, a former Perry County deputy.¹⁴

1
CNN. Charlie Kirk Shooting Larry Bushart Settlement
2
Des Moines Register. Donald Trump Sends Deepest Sympathy in Perry School Shooting
3
BBC. Tennessee Man Jailed Over Charlie Kirk Meme
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FIRE. Larry Bushart v. Perry County
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Tennessee Lookout. Perry County Pays $835K to Settle Lawsuit After Sheriff Jailed Man for 37 Days Over Trump Meme
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WANE. Former Tennessee Police Officer Jailed Over Charlie Kirk Meme Awarded Settlement
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WKRN. TN Meme Arrest: Body Cam Appears to Contradict Sheriff’s Story
8
PACER Monitor. Bushart v. Perry County, Tennessee et al
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FIRE. Victory: Tennessee Man Jailed 37 Days for Trump Meme Wins $835,000 Settlement
10
Ars Technica (hosted PDF). Bushart v. Perry County Complaint
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The Hill. Tennessee Man Settlement Charlie Kirk
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Virginia Lawyers Weekly. Tennessee Man Settlement Jail Charlie Kirk Meme
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Bloomberg Law. Tennessee Sheriff Settles False Arrest Suit Over Kirk Post
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WOPC Live. Perry County Sheriff Nick Weems Announces Re-Election Bid