Steven Cohen  |  July 1, 2020

Category: Legal News

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Pittsburgh protesters claim that they were victimized by excessive force.

A group of Pittsburgh protesters have filed a class action lawsuit against the city of Pittsburgh, the Mayor of the city, and numerous other government officials claiming that the use of “less lethal” munitions still cause bodily injury.

The protesters say that, on June 1, 2020, people from Pittsburgh and the surrounding communities assembled in the East Liberty neighborhood to add their voices to the nationwide protests after the death of George Floyd at the hands of the police.

They claim that the Pittsburgh Bureau of Police (PBP) responded to the protests by escalating the scene into pandemonium, violence, panic, and bloodshed. The protesters claim that the PBP deployed hundreds of officers to counter the approximately 150 protesters. 

The plaintiffs in the Pittsburgh protesters class action lawsuit say that the PBP ordered the officers to attack them with explosives, chemical agents, and ammunition which is known to seriously wound and sometimes kill its targets.

The protesters also claim that PBP officers arrested several protesters for failing to disperse, subjecting them to confinement in the midst of a global COVID-19 pandemic. In addition, the PBP allegedly ordered officers dressed in military garb to patrol residential neighborhoods in armored vehicles and arbitrarily throw canisters of chemical gas and arrest anyone they encountered.

One of the plaintiffs in this Pittsburgh protesters class action lawsuit, Simon Phillips, says that he is a dance instructor who attended the protest for “the chance to congregate with others” and express his “feelings of grief, frustration, and desperation for the Black community.” Phillips claims to have been arrested near his East Liberty apartment after complying with the PBP’s order to leave.

Another protester, Jennifer “Jay” Yoder, says that she has a background in social justice and is a “trained peacemaker.” She claims that she attended the protest to support the movement as well as aid other protesters. Yoder states that the police gassed and pushed her as she attempted to return to her car after the protest.

The plaintiffs are bringing this protester class action lawsuit on behalf of themselves and others and allege that the police conduct violated their First Amendment rights to freedom of speech and assembly, their Fourth Amendment rights to be free of excessive force and false arrest, and their Fourteenth Amendment right not to be subject to official governmental policies which have violated their constitutional rights.

The protesters claim that they marched peacefully in the streets of the vicinity of Penn Avenue and Centre Street from approximately 3:30 p.m. until 6:30 p.m. They state that, historically, the defendants have permitted, approved, and sometimes encouraged similar protests in the streets of Pittsburgh.

“By attending, approving, encouraging, and assisting the protesters activities, Defendants communicated to them that they were exercising their First Amendment rights in a time, place and manner that Defendants considered reasonable,” the Pittsburgh protester class action lawsuit states.

Pittsburgh protesters claim that tear gas was unnecessary during peaceful protestThe protesters claim that, as they marched, approximately 50 to 100 PBP officers formed a line across Centre Avenue at Negley Avenue, blocking the protesters’ path.

They state that the officers wore helmets, face shields, and gas masks. The protesters also maintain that every officer held either a baton or a firearm.

The Pittsburgh protesters class action lawsuit claims that additional officers were dressed in military gear including camouflage, helmets and gas masks.

According to the protesters, these officers carried firearms and other tactical gear. 

Even though the protests were peaceful, the plaintiffs claim that the defendants made a decision to declare the protesters’ assembly as unlawful and ordered them to disperse. 

“Despite the lack of any destruction, property damage or violent behavior by the Protesters, on information and belief, Defendant Doe ordered the PBP officers to use force against the Protesters,” the plaintiffs contend.

The plaintiffs also allege that, in the middle of an unlawful assembly announcement, a PBP officer suddenly threw a “flashbang” grenade into the crowd. According to the protesters, a “flashbang” grenade is an explosive device designed to frighten and disorient an enemy through a blinding flash of light and an extremely loud explosive noise.

In addition, the PBP officers started firing rubber bullets, bean bag rounds, and/or sponge grenades at the protesters, the plaintiffs maintain. 

“Although these items are often referred to as ‘less lethal’ munitions, they are fired with the force of a gun or grenade launcher and have the capability to cause serious injury and/or death, particularly when fired at close range or when fired at vulnerable areas of the body,” the Pittsburgh protesters allege.

The protesters claim that a number of them were hit with rubber bullets, bean bag rounds and sponge grenades and that many were injured and required hospitalization.

Did you take part in protests in the wake of the death of George Floyd? Leave a message in the comments section below.

The plaintiffs are represented by Margaret S. Coleman of the Law Offices of Timothy O’Brien, Quinn Cozzens, Bret Grote and Jamelia N. Morgan of the Abolitionist Law Center, and Christine T. Elzer of the Elzer Law Firm LLC.

The Pittsburgh Protesters Class Action Lawsuit is Rulli, et al. v. City of Pittsburgh, et al., Case No. 2:20-cv-00965, in the U.S. District Court for the Western District of Pennsylvania.

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One thought on Pittsburgh Protesters Say ‘Less Lethal’ Weapons Are Still Dangerous

  1. Agnes Craine says:

    Add me please

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