Black Lives Matter Class Action Alleges Civil Rights Violations

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A class action filed by Black Lives Matter protesters who were arrested by the City of Baton Rouge allege that Baton Rouge police and officials violated their civil rights.

The class action complaint asserts that “Defendants employed unconstitutional tactics to disturb, disrupt, infringe upon and criminalize plaintiffs and class members’ constitutional rights to freedom of speech and assembly.”

The Baton Rouge class action states that on July 5, 2016, “Mr. Alton Sterling was shot and killed by Baton Rouge Police Department officers, leading to Plaintiffs and others protesting the Baton Rouge Police Department’s conduct and seeking justice[.]”

The protests reportedly lasted several days, and involved hundreds of individuals. The complaint alleges that Baton Rouge police “responded in a militarized and aggressive manner,” wearing face shields and gas masks, “brandishing assault weapons,” and pointing their weapons at protestors.

According to the class action, on July 9, 2016, Baton Rouge police arrested at least 185 people on charges of “Simple Obstruction of a Highway of Commerce” in violation of Louisiana law.

The complaint asserts that, “Dozens of the arrests for obstructing the highway were of class members who were arrested on sidewalks, the grass or even inside a person’s house.”

In addition, the class action argues that defendants made these arrests after the public highway was closed by the City, so “there could be no practical violation” of the statute prohibiting obstruction of a public highway.

Plaintiff DeRay McKesson states that he is a resident of Baltimore, Md., who traveled to Baton Rouge to join the Black Lives Matter protests. He alleges that he was peacefully protesting when he was arrested on July 9 for obstructing a public highway, and spent the night in the East Baton Rouge Parish Prison.

On July 10, he was released, but only after he paid administrative fees and court fees, according to the complaint.

Similarly, plaintiff Kira Marrero alleges that she is a resident of Louisiana who was peacefully protesting when she was arrested on July 9 for obstructing a public highway, and was released the next day. Marrero claims that she suffered emotional distress from her arrest and imprisonment, and also had to pay administrative costs and fees.

Finally, plaintiff Gloria La Riva states that she was filming the Black Lives Matter protests when she was also arrested on July 9 on the same charge of obstructing a public highway. La Riva also asserts that she suffered emotional distress, and had to “post substantial bail and pay administrative fees” before she was released.

The class action complaint states that the charges of obstructing a public highway for all three plaintiffs were dropped by the East Baton Rouge District Attorney.

In addition to the City of Baton Rouge, the Black Lives Matter class action lawsuit contends that the East Baton Rouge Parish and public officials Melvin “Kip” Holden (Baton Rouge Mayor and Parish President), Carl Dabadie, Jr. (Baton Rouge Chief of Police), Sid J. Gautreaux, III (Parish Sheriff), and Col. Michael Edmonson (Louisiana State Police Superintendent) are responsible for the plaintiff’s deprivation of civil rights, arrest without probable cause, use of excessive force, false imprisonment, and several other alleged violations.

The plaintiffs seek to represent a Class of “all persons who were arrested on July 6, 7, 8, 9, and 11, 2016, while exercising their civil rights, were charged with a single violation of La. R.S 14:97, were imprisoned and were released on or before July 12, 2016.”

The class action requests an order nullifying Class Members’ arrests, and returning all fees collected from those arrests.

The plaintiffs are represented by John K. Etter and Roy J. Rodney, Jr. of Rodney & Etter, LLC.

The Black Lives Matter Protestors’ Arrests Class Action Lawsuit is DeRay McKesson, et al. v. City of Baton Rouge, et al., Case No. 3:16-cv-00520, in the U.S. District Court for the Middle District of Louisiana.

UPDATE: On May 30, 2017, a Louisiana federal judge has granted preliminary approval to a class action settlement over allegations law enforcement agencies violated the constitutional rights of nearly 80 protesters who were arrested in Baton Rouge.