Key Cases: Brandon Raub


Brandon Raub, a former Marine who has served tours in Iraq and Afghanistan, was forcibly taken from his home on August 16, 2012, by FBI agents and police in Chesterfield County, Va. and placed in a psychiatric ward against his will. His crime? Posting personal political views and song lyrics to his Facebook page. Outraged onlookers filmed the arrest and posted the footage to YouTube, which has since gone viral, and the public continues to clamor for his release.

Despite this, in a hearing before a special justice on August 20, government officials disregarded Raub’s explanation that the Facebook posts were being interpreted out of context, sentencing him up to 30 days’ further confinement in a VA psych ward where he was forced to undergo psychological evaluations. Brandon was initially being held in John Randolph Medical Center but was moved to the Veterans Hospital in Salem, Va., after Special Justice Walter Douglass Stokes for the General District Court for the City of Hopewell, Va. denied an emergency motion to stop him from being forcibly transferred. The Salem facility is more than three hours away from his family, friends and legal team.

Fortunately, in an unexpected ruling handed down on August 23 by Circuit Court Judge Allan Sharrett, the government’s case against Brandon Raub was dismissed on the grounds that the petition for Raub’s detainment “is so devoid of any factual allegations that it could not be reasonably expected to give rise to a case or controversy.” While The Rutherford Institute was able to help Raub win his freedom, we must ask ourselves why this happened in the first place. This stunning display of government force against an individual expressing his personal views from the privacy of his own home indicates that the First Amendment is hanging by a thread in America. For the most up to date information on Brandon’s case, please click the links below.

 

Case History

March 27, 2014 • Rutherford Institute Asks Appeals Court to Reject Lower Court Dismissal & Reinstate Lawsuit Over Marine's Arrest, Detention Due to Facebook Posts

March 03, 2014 • Rejecting Concerns Over Gov't Suppression of Dissident Speech as 'Far-Fetched', Fed. Court Dismisses Suit Over Marine's Arrest, Detention Due to Facebook Posts

August 03, 2013 • VICTORY: Federal Court Affirms 1st & 4th Amdt. Rights, Denies Gov't Attempt to Dismiss Lawsuit Over Marine's Wrongful Arrest, Detention Due to Facebook Posts

July 17, 2013 • Rutherford Institute Counters Government Attempt to Dismiss Lawsuit Over Wrongful Arrest, Psych Ward Detention of Marine Because of Facebook Posts

May 22, 2013 • Rutherford Institute Attorneys File Civil Rights Lawsuit Over Wrongful Arrest, Detention in Psych Ward of Marine Brandon Raub Because of Facebook Posts

August 29, 2012 • Rutherford Institute Attorneys to File Civil Lawsuit Over Wrongful Arrest, Detention in Psych Ward of Marine Brandon Raub Because of Facebook Posts

August 28, 2012 • TRI Exclusive: Marine Brandon Raub Issues First Public Comments Since Being Arrested, Detained in Psych Ward Over Views, Lyrics Posted on Facebook

August 23, 2012 • VICTORY: Circuit Court Orders Brandon Raub Released, Dismisses Case Against Marine Arrested, Detained in Veterans Admin. Psych Ward over Political Views, Song Lyrics Posted on Facebook

August 22, 2012 • Rutherford Institute Files Notice of Appeal Challenging Arrest & Detention of Marine in Psych Ward for Posting Political Views, Song Lyrics to Facebook

August 21, 2012 • District Court Refuses to Stop Transfer of Marine Brandon Raub to Salem Psych Ward, 3 Hrs. Away, for Posting Political Views, Song Lyrics to Facebook

August 20, 2012 • Rutherford Institute Defends Marine Arrested, Incarcerated in Psych Ward & Detained Indefinitely for Posting Political Views, Song Lyrics to Facebook

Legal Action

Click here to read Judge Hudson's decision in Raub v. Bowen et. al.

Click here to read The Rutherford Institute's complaint in Raub v. Bowen et. al.

Press Contact

Nisha Whitehead
(434) 978-3888 ext. 604
(434) 466-6168 (cell)
nisha@rutherford.org