Peaceful Protesters Injured By Minneapolis Police, ACLU Says

The ACLU recently sued Minneapolis and various city officials in a class action lawsuit alleging police brutality against peaceful protesters.

According to the peaceful protesters in the class action lawsuit, the city of Minneapolis has routinely suppressed the constitutional right to assembly by violently exercising excessive force. Ironically, the peaceful protesters accuse the police force of police brutality – the very issue many protesters are assembling to protest.

“The right to assemble is fundamental, as is the right to speak out against injustice. These rights are enshrined in our Constitution. Ideas and movements that changed the course of our history came to the forefront of the American consciousness through assembly and protest,” the peaceful protesters say in their police brutality class action lawsuit.

“Law enforcement too often has been on the wrong side of history, attempting to suppress the right of the people to assemble. This freedom cannot be suppressed and it must be protected at all costs.”

The plaintiffs claim that they have been targeted with excessive force including less lethal ammunition like rubber bullets, along with tear gas and flash bang grenades. These crowd control tactics were allegedly launched in response to isolated instances of property damage despite the Black Lives Matter protests in Minneapolis being largely peaceful.

Plaintiffs Nekima Levy Armstrong and Marques Armstrong were allegedly hit with tear gas while peacefully protesting police brutality – a traumatic experience which they say caused them pain, difficulty breathing, and other long term symptoms. Especially considering the ongoing coronavirus pandemic, the plaintiffs argue that these lingering lung issues could put them at risk for complications should they contract the virus.

Other plaintiffs, Terry Hempfling and Rachel Clark, say that they were hit multiple times with both tear gas and rubber bullets. The impact of being hit four times has allegedly caused “severe bruising.” Nearly two months after the incident in question, Hempfling allegedly still has bruises on her breast, thigh, and back. Clark reportedly suffers from similar bruising after two months.

Other protesters have reportedly experienced the same issue while peacefully protesting the murder of George Floyd and other Black Americans. The peaceful protesters seek to represent a Class of individuals who peacefully protested in Minneapolis following the death of George Floyd and have experienced police brutality as the defendants use excessive crowd control tactics to suppress protesters.

The peaceful protesters have filed claims for violations of their First (retaliation against freedom of speech), Fourth (unlawful seizure and excessive force), and Fourteenth (procedural due process) Amendment rights.

The class action lawsuit includes claims against the city of Minneapolis, Minneapolis Chief of Police Medaria Arradondo, Minneapolis Police Lieutenant Robert Kroll, Minnesota Department of Public Safety Commissioner John Harrington, Minnesota State Patrol Colonel Matthew Langer, and several unnamed officers. These defendants have allegedly been active or complicit in the violation of peaceful protesters’ constitutional rights.

According to the police brutality class action lawsuit, the court should grant injunctive relief barring Minneapolis officers and officials from using excessive force and suppressing peaceful protesters’ constitutional rights. This relief would reportedly protect the rights of protesters as they peacefully assemble to bring attention to the issues of systematic racism and police brutality.

“No one should face tear gassing, foam bullets or pepper spray while exercising their right to peacefully protest,” the legal director for the ACLU in Minnesota and counsel for the peaceful protesters said in a statement, according to the Star Tribune.

“That law enforcement here followed their typical pattern of using indiscriminate force rather than respecting the First Amendment, especially following the brutal murder of George Floyd by four of their own, is disgraceful and an affront to our Constitution.”

While U.S. citizens continue to demonstrate for racial justice, U.K. residents have also been peacefully protesting for equality in the last few months.

Have you participated in peaceful protests? Has your city or state been impacted by these protests? Share your story in the comment section below.

The peaceful protesters and the proposed Class are represented by Teresa J. Nelson of the American Civil Liberties Union of Minnesota and Michael E. Florey, Venna V. Thipathi, Ahmed J. Davis, Excylyn J. Hardin-Smith, and Teresa J. Nelson of Fish & Richardson PC.

The Minneapolis Police Brutality Class Action Lawsuit is Nekima Levy Armstrong, et al. v. City of Minneapolis, et al., Case No. 0:20-cv-01645, in the U.S. District Court for the District of Minnesota.

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