Emily Sortor  |  June 9, 2020

Category: Legal News

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police brutality at BLM protest

President Donald Trump and other government officials face a class action lawsuit after protesters allege Trump ordered violent acts against peaceful Black Lives Matter demonstrators.

The class action lawsuit was filed by a group of protesters along with Black Lives Matter D.C. and the Washington Lawyers’ Committee for Civil Rights & Urban Affairs.

The demonstrators allege that the president and attorney general ordered the use of police force against peaceful demonstrators who were protesting racism towards Black people. They claim this violence was used needlessly, and was ordered so that the area of Lafayette Square could be cleared for the president’s photo op.

The lawsuit explains that on June 1, 2020, a group of protesters gathered in Lafayette Square to peacefully protest the “gross, systemic injustices perpetrated by law enforcement against Black people.” The plaintiffs say this gathering was one of many similar protests that occurred around the country, in light of the murders of individuals including George Floyd and Breonna Taylor.

Allegedly, President Donald Trump, Attorney General William Barr, and others ordered the U.S. Secret Service Members, U.S. Park Police, D.C. National Guard, and U.S. Military Police to use violence to break up the peaceful protests.

This reportedly included the firing of tear gas and pepper spray capsules, and the use of rubber bullets and flash bombs against demonstrators. According to the plaintiffs, this violence caused them to have to flee the area.

The police brutality victims explain this violence resulted in many injuries, including some severe injuries suffered by protesters. The plaintiffs stress that this attack was unprovoked.

In addition to President Donald Trump and Attorney General William Barr, the protesters aim to hold other officials accountable for allegedly attacking peaceful protesters. These officials include Secretary of Defense Mark Esper, Acting Chief of the United States Park Police Gregory T. Monahan, Director of the U.S. Secret Service James M. Murray, Commanding General of the District of Columbia National Guard Major General William J. Walke, and Chief of Staff of the United States Army General James C. McConville.

The Black Lives Matter protest lawsuit argues that these officials had no legitimate reason to destroy the peaceful protests. The demonstrators noted the only reason Trump gave to have the area cleared was that he wanted to be able to walk to take a picture at a nearby church.

The George Floyd protest violence lawsuit then goes on to say that this is not a legal reason to break up a peaceful protest or to use violence. They say that it violates the constitutional rights of protesters and others occupying Lafayette Square. 

The demonstrators further note that this action of unnecessary hostility is consistent with President Trump’s previous threats of violence towards protesters, and his statements encouraging others to use violence against the protesters.

Broadly speaking, the demonstrators note that “the president has consistently demonstrated hostility towards viewpoints different than his own.”

In particular, the police brutality victims note that President Trump had previously published a tweet responding to the looting and protests that had occurred across the country. The tweet read “when the looting starts, the shooting starts.” The protesters explain that this racist phrase was first used in 1967 by former Miami police chief Walter Headly as he advocated for the use of police brutality.

police brutality in lafayette squareThe peaceful protests lawsuit provides context for this alleged act of violence, saying that this act of violence against protesters is a continuation of violent and oppressive tactics used by police and others against civil rights activists.

They cite examples of similar violence that occurred during the civil rights movement of the 1960s, including the “Bloody Sunday” that occurred on March 7, 1965 in Selma, Alabama.

In light of this violence, the protesters are now seeking systemic changes to be implemented in the criminal justice system.

They seek a judgment declaring the officials’ actions unconstitutional, and an injunction ordering the government officials to cease using the tactics described. The demonstrators also seek damages to compensate for injuries reportedly caused by the president and others’ use of violence. 

Have you attended a protest? What was your experience? Share your story in the comments section below.

The demonstrators are represented by Kaitlin Banner, Dennis Corkery, Hannah Lieberman, and Jonathan Smith of the Washington Lawyers’ Committee for Civil Rights and Urban Affairs; Scott Michelman, Arthur B. Spitzer, and Michael Perloff of American Civil Liberties Union Foundation of the District of Columbia; and by Jon Greenbaum, Arthur Ago, David Brody, Arusha Gordon, and Noah Baron of the Lawyers’ Committee for Civil Rights Under Law.

The Black Lives Matter Police Brutality Lawsuit is Black Lives Matter D.C., et al. v. Donald J. Trump, President of the United States, et al., Case No. 1:20-cv-01469, in the U.S. District Court for the District of Columbia.

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