Police Made False Arrests at Inauguration Day Protest, Class Action Says

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A Colorado-based criminal defense lawyer has filed a federal class action lawsuit on behalf of those arrested and charged with felony rioting during the inauguration of President Trump.

Attorney Benjamin Christopher Carraway filed the class action lawsuit Friday, claiming that many of those arrested in the massive sweep of 230 people by officers of the Metropolitan Police Department and the U.S. Park Police were comprised of innocent bystanders who were not involved in the protest.

According to Carraway, around the time of Trump’s swearing in, several police officers surrounded individuals who were at or near the protest occurring near 12th & L St. Without warning and without any dispersal order, the police officers kettled all of the plaintiffs.

Included in this group were not only protesters who had engaged in no criminal conduct, but also members of the media, attorneys, legal observers, and medics, the class action says.

Those charged with felony rioting are facing up to 10 years in prison and a fine of up to $25,000.

The proposed class action lawsuit goes on to say that the police defendants proceeded to indiscriminately and repeatedly deploy chemical irritants, attack the individuals with batons, and throw flash-band grenades at the kettled individuals.

“Mr. Carraway and the members of the class are individuals who were subjected to this outrageous conduct by the defendants for no legitimate law enforcement reason.”

The lawsuit goes on to say that “None of the plaintiffs who are members of this class destroyed or attempted to destroy property, assaulted or attempted to assault any individuals, rioted, or in any way would have appeared to the police to have been breaking the law.”

Jeffrey Light, the Washington D.C. attorney representing Carraway, wrote that many who were arrested were “peacefully protesting.” He noted that Carraway himself was wearing a green hat identifying him as a legal observer. Light says he believes felony charges were an attempt by prosecutors to get leverage for plea bargains on lesser, misdemeanor offenses.

“The use of chemical irritants against Plaintiffs, the use of the batons against Plaintiffs, and the deployment of flash-bang grenades under the circumstances constituted unreasonable and excessive force,” Light argued in the complaint.

Carraway is bringing the action against the police officers for violation of the Fourth Amendment – false arrest and excessive force.

He is seeking to represent a Class “consisting of each person who (i)was arrested on January 20, 2017 in the group of individuals described in this Complaint; and/or (ii) had chemical irritants deployed against them and/or were struck with a baton and/or were subjected to flash-bang grenades.”

The lawsuit is requesting compensatory and punitive damages in an amount to be determined at trial.

Carraway is represented by himself and Jeffrey L. Light of The Law Office of Jeffrey L. Light.

The Inauguration Protest Arrests Class Action Lawsuit is Benjamin Christopher Carraway Esq. v. John Doe MPD Officers, et al., Case No. 1:17-cv-00137, in the U.S. District Court for the District of Columbia.