A Tucson woman is taking the City of Tempe to task over what she says was a wildly overblown reaction to a sarcastic Game of Thrones GIF. She has filed a $3 million notice of claim that accuses the city and the Tempe Police Department of abuse of process, malicious prosecution, false arrest and defamation after an online post led to her arrest and the shutdown of a city council meeting. Prosecutors later declined to move the case forward.
What the claim says
According to 12News, the notice of claim, served this week, seeks $3 million and argues that Tempe and its officers violated Kathleen Tierney’s First, Fourth and Fourteenth Amendment rights. The document links the online profile “Kadi Marie” to Tierney, a 56-year-old Tucson resident, and says the arrest and resulting publicity cost her a $121,000-a-year position at Cox Communications within days.
How police say it started
The Arizona Republic reported that in late August Tierney posted a Game of Thrones clip to a Tempe councilmember’s Facebook page. The GIF shows a silhouetted figure standing in the middle of a green smoke explosion, with the caption, “Konner Culver watching tonight’s City Council meeting.”
Officers did not treat it as just another snarky meme. The post led police to clear the council chambers and shift meetings to a virtual-only format while investigators treated the comment as a potential threat.
Arrest and recommended charges
Local coverage says Tempe police arrested Tierney at her Tucson apartment in late September. Officers executed search warrants, temporarily seized electronic devices and then released her. As KGUN9 reports, Tempe police recommended a felony computer-tampering charge along with misdemeanor disorderly conduct counts. The Maricopa County Attorney later declined to prosecute the case and did not bring the felony charge.
Tierney’s perspective
Tierney told The Arizona Republic that the GIF was meant as pointed political commentary about a council fight over a parks ban, not a real-world threat. She said she “never intended to cause harm.” Her notice of claim argues that the public nature of the arrest and media coverage wrecked her career, reputation and financial stability.
Legal context
In Arizona, a notice of claim is a required first step before suing a public entity. State law says it has to list a specific dollar amount and the facts that justify it. See A.R.S. § 12-821.01, which also gives cities and other public bodies up to 60 days to accept or deny a claim. Courts have enforced those rules strictly in recent cases, including Kizzen James v. City of Peoria, where the Arizona Supreme Court closely parsed how specific claimants must be.
If Tempe denies Tierney’s claim or does nothing within 60 days, she can move ahead with a lawsuit, legal observers note. The City of Tempe said in a statement that the Tempe Police Department “followed established procedures” and that Tierney “was treated no differently than any other member of the community,” according to 12News…