Lauren Silva  |  October 7, 2021

Category: Legal News

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BLM protests city of San Jose
(Photo Credit: hkalkan/Shutterstock)

San Jose BLM Protests Violence Class Action Lawsuit Overview:

  • Why: While the judge trimmed some claims, she ruled that it was too early in the process to tos allegations of police brutality, wrongful arrest, and infringement of free expression. 
  • Who: A California judge rejected attempts by San Jose and its police force to nix a class action filed in the aftermath of the 2020 BLM protests.
  • Where: The class action lawsuit is pending in California federal court.

A California judge rejected the city of San Jose’s attempts to dismiss a class action lawsuit lodged over the city’s alleged civil rights violations during Black Lives Matter demonstrations during the summer of 2020. 

The proposed class action lawsuit, filed in March, currently has 14 plaintiffs who say they were injured in the 2020 BLM protests. The plaintiffs are demanding changes in police training and policies.

Class Action Over 2020 BLM Protests Proceeds

In the early procedural assessment of the case, US District Judge Phyllis Hamilton denied 11 of the city’s dismissal motions. 

The ruling allows several claims to move forward including those regarding First Amendment violations, police targeting demonstrators based on their viewpoints, infringement of free expression by a city curfew, excessive force, wrongful arrest, failure of officers to intervene with other officers using unlawful force and failure to accommodate a disability.

Judge Hamilton did agree with the city to dismiss claims alleging protesters were targeted based on race and that police officers violated protesters’ freedom of movement. She partially dismissed a claim over the city-imposed curfew and limited potential liability to Mayor Sam Liccardo, former city manager Dave Sykes, former police chief Eddie Garcia, and the City of San Jose.

Other claims addressing legal protections for police, known as qualified immunity, and lack of crowd control training will be evaluated at later stages, ruled the judge.

A sweep of lawsuits coming out of the 2020 BLM protests were lodged in the past year, in which hundreds of people around the country allege they were injured by police while demonstrating. 

Were you present at the San Jose BLM protests last summer? Tell us about it in the comments section below!

The plaintiffs are represented by the Lawyers’ Committee for Civil Rights of San Francisco Bay Area, Rachel Lederman, Jim Chanin, and Michael Flynn. 


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