By admin 
TEMPE, AZ (AZFamily) — A Tucson woman is suing the city of Tempe over how officials responded to one of her social media posts.
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The post prompted an evacuation at Tempe City Hall and led to the cancellation of a City Council meeting. But the woman says her rights were violated.
Maricopa County Attorney Rachel Mitchell rejected recommended charges against the woman. The central legal question is whether the post amounted to a threat. In the lawsuit, she says the ordeal ruined her life and violated her constitutional rights.
The lawsuit says that in late August, a GIF from the TV series “Game of Thrones” was posted on the city of Tempe’s Facebook page. It shows a character looking out a window at an explosion. It was posted as the City Council was starting a meeting.
Council member Randy Keating flagged the post, and the building was evacuated.
The lawsuit says Kathleen Tierney posted it — something she acknowledges in the filing. Tierney’s attorney declined an interview request from Arizona’s Family on Friday.
According to the lawsuit, Tierney works in municipal and county proposition campaigns, first in Pima County and later in Maricopa County. The lawsuit says her work required her to closely follow public policy matters across Arizona, including in Tempe, and that she developed relationships with members of the Tempe City Council through that work.
About a month after the evacuation, the lawsuit says Tempe police went to Tierney’s Tucson home, arrested her and searched her property. She was released the same day.
Tempe police recommended felony charges, but Mitchell later declined to prosecute. In a letter to the city of Tempe, Mitchell said there was not enough evidence and the likelihood of conviction was low.
Tempe officials released a statement Friday defending the actions of Tempe police. The city said nearly 100 people were evacuated and officials remain firm that the post was a threat.
“Although the City of Tempe does not litigate pending cases through the media, it is important to explain why our officers responded as they did.
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Our top priority is keeping the City of Tempe safe. Mass violence is an unfortunate reality, and social media is often used to communicate threats.
Tempe Police responded to City Council Chambers on Aug. 28 after becoming aware of a social media post referencing that night’s meeting and an image depicting the destruction of a city. The post was made by an account using a pseudonym shortly before what was expected to be a highly contentious Tempe City Council meeting.
Investigators responded to the post as a credible threat. As County Attorney Rachel Mitchell stated in her letter to Mayor Corey Woods, “Your responsibility is to respond very quickly to a potential threat and take all reasonable steps to make sure that people are safe.” Nearly 100 people were in Council Chambers waiting for the meeting to start. Their safety was imperative. Tempe Police evacuated City Hall, secured the area and began investigating the source of the post. Their responsibility was and remains protecting the public. The City of Tempe and our Tempe Police will continue to take action to protect the Tempe community. The city will respond to the specific allegations in this lawsuit through the judicial process.”
In part, the city’s statement said police responded to City Council chambers on Aug. 28 after a social media post referenced that night’s meeting and showed an image depicting the destruction of a city. The city said investigators treated it as a credible threat and acted to protect the public. The city said it will respond to the allegations in court.
The lawsuit says Tierney intended the post as a joke tied to controversy surrounding a city ordinance restricting gatherings in parks. The lawsuit says the post was not a threat and was aimed at Keating.
Tierney says she met Keating at a fundraiser and posted the GIF after learning he named his dog after a “Game of Thrones” character, the lawsuit states.
The lawsuit also says Tierney was fired from her job and branded as a threat to the city of Tempe.
A next court date has not been announced.
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