A special judge entered a default judgment against Jefferson County sheriff candidate Mark Cannon in 11th West Circuit Court on July 1.
Special Judge Gary Arnold handed down his ruling in a defamation lawsuit brought by local business owner and sheriff’s Sgt. Courtney Kelly. The judgment includes compensatory and punitive damages, as well as a permanent restraining order against Cannon.
Kelly filed the lawsuit on April 4, 2023, claiming slander, libel, false light and outrage against Cannon.
The Commercial reported that a sheriff’s deputy filed a lawsuit against Jefferson County Judge Gerald Robinson, claiming Robinson had libeled him in claims the judge made about the deputy’s work hours. Cannon was later named in the lawsuit.
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Kelly claimed that Cannon made false and defamatory statements about him through Facebook livestreams, videos and other communications, causing reputational harm, financial loss and emotional distress. The defamatory statements included assertions that Kelly had stolen $25,000 from the Central Arkansas Radiation Therapy Institute , violated civil rights, stolen property and engaged in harassing behavior. Cannon also published a T-shirt featuring Kelly’s official law enforcement portrait with the words “Catcher Freeman,” further exacerbating the harm.
According to the judgment, despite being served notice of the hearing and the lawsuit, Cannon failed to respond or appear in court. Under Arkansas Rule of Civil Procedure 55(a), the court entered a default judgment against him. During a Feb. 12 hearing, Kelly presented evidence, including Facebook videos, medical records, tax documents and testimony from witnesses, to substantiate his claims.
Kelly testified that Cannon’s actions caused significant harm to his professional and personal reputation, as well as emotional distress. He described experiencing humiliation, depression, elevated blood pressure and nightmares. Additionally, Kelly’s family, including his mother, suffered emotional distress due to the defamatory statements.
James Murry, a pastor and former law enforcement officer, testified that Cannon’s statements had circulated widely in the community, leading to concerns about Kelly’s integrity. Murry stated that he initially rejected the claims but became concerned after Cannon asserted he had evidence to support his allegations.
Kelly also testified that the defamatory statements affected his ability to engage in charitable activities and community events, as people began avoiding or staring at him. He expressed a desire to rehabilitate his reputation and re-engage with the community.
COURT’S FINDINGS
The court found Cannon’s statements were false and defamatory, made with malice and disregard for the truth. Judge Arnold ruled in favor of Kelly, awarding compensatory damages for medical bills, loss of wages and reputational harm, as well as punitive damages to deter similar conduct in the future. The exact monetary amounts for damages were not specified in the judgment.
Additionally, the court issued a permanent injunction against Cannon, prohibiting him from making false and defamatory statements about Kelly or engaging in harassing and threatening communications.
Kelly sought compensatory damages for medical bills, loss of wages, loss of business opportunity, reputational harm, mental anguish, extreme emotional distress and rehabilitation of his reputation, and punitive damages to deter Cannon and others from publishing false and defamatory statements with malice and disregard for the truth.
Additionally, Kelly sought injunctive relief to prevent Cannon from making false and defamatory statements or engaging in harassing and threatening communications in the future.
CANNON’S RESPONSE
Cannon publicly addressed the lawsuit filed against him that same day the judgment was filed via Facebook Live, vehemently denying that he had ever been served and accusing his opponents of a campaign of harassment and defamation. Cannon’s impassioned statement, delivered to supporters and critics alike, outlined his intent to fight the claims while spotlighting what he describes as widespread corruption within Jefferson County’s authority figures.
“I was never served,” he said. “As far as that lawsuit is concerned, it will be dealt with, it will be handled.”
Beyond the legal challenge, Cannon detailed a barrage of personal threats and accusations he claims to have endured. He revealed that he and his family have been targeted while sharing text messages to his online audience.
Cannon connected these personal attacks to his political aspirations, suggesting they are attempts to discredit him and deter his campaign for sheriff. “There are many who don’t want me to be the sheriff,” he said, recounting a conversation with a chairman who questioned his qualifications. Cannon countered, “My work speaks for itself.”
Despite the adversity, Cannon remains resolute. He believes the attacks only strengthen his resolve and provide him with momentum. “No matter what they throw at me, they only strengthen my resolve,” he said. “I refuse to stop.”
NEXT STEPS
A summons was issued and electronically filed on June 28, 2023, outlining the legal obligation for Cannon to respond to the complaint within 30 days of service. The proof of service states that the summons and complaint were left with Cannon’s wife. Filed electronically on August 14, 2023, Cannon’s response is a request for more time to acquire legal counsel.
Kelly asserted that Cannon failed to file an answer or otherwise defend against the claims within the legally required 30-day period, which expired on or about July 17, 2023. Despite this, Cannon filed a request for an extension of time on Aug. 14, 2023, citing the need to acquire legal counsel. In Kelly’s reply, he highlights that Cannon has been actively engaging in social media activities and public protests during the time he could have been addressing the legal matter. A proposed order for default judgment and permanent restraining order was filed in February of 2025.
The court has ordered Cannon to prepare a verified schedule of his assets, including real and personal property, bank accounts and other financial holdings, within 45 days of the judgment. This schedule will assist in enforcing the judgment and determining the extent of Cannon’s financial liability.