SCOTT COUNTY, IN (WAVE) - The ACLU of Indiana has filed a lawsuit on behalf of a Scott County High School senior who was arrested, charged, and then expelled after posting a video to Facebook.
Sean Small posted a video to the social media site of him playing a video game during his lunch period. The video game, “The Walking Dead: Our World,” featured a location-based “augmented reality” mode and is set in the midst of a fictitious zombie apocalypse. The game’s augmented reality mode allows a player to fight computer-generated zombies that are superimposed over images of the player’s real physical world, as captured by the camera on his smart phone. The player’s goal is to stop hostile zombies by shooting them.
Small captured and shared an image of the hallway outside the lunchroom while playing the game.
The lawsuit filed against Scott County School District 2 and the Sheriff of Scott County claims that Small was subjected to a search, handcuffed, arrested and held in jail without probable cause or reasonable suspicion.
The lawsuit also alledges that actions were taken against Small based on his expressive activity of sharing his gameplay in a Facebook post, in violation of the First and Fourth Amendments.
The intital criminal charges that Small faced were dismissed.