Reporter Files Lawsuit After Being Arrested During Black Lives Matter Protest

A reporter for the Asbury Park Press has filed a lawsuit against the city of Asbury Park, N.J.; Monmouth County; the borough of Belmar and numerous individuals, claiming they attempted to silence his reporting of a peaceful Black Lives Matter protest.

Plaintiff Gustavo Martínez, a reporter with more than 15 years of experience, claims he was tackled and arrested by police June 1, 2020, for being out after the town curfew, even though the of state of emergency proclamation expressly exempted reporters, including those covering the protest.

Martinez states that he wore his brightly colored press badges on a lanyard around his head the entire night, so there would be no question that he was a reporter covering the protest.

Martinez claims that in the seconds before he was tackled, his camera, which had been broadcasting to Twitter, showed a teenage girl explaining to police that she and her twin brother were trying to leave when her brother was suddenly tackled to the ground and handcuffed. 

The reporter says the police officers then turned on him, tackled him, knocked him to the ground and shouted expletives at him.

To be sure, the public will never know what else Martinez would have recorded that night at the Black Lives Matter protest, as Martinez claims his ability to report on the protest was cut short by law enforcement who didn’t want him to record the events around him.

In addition, Martinez maintains the police were so concerned about leaving no trace of what happened that night that the two officers who attacked him did not have their body cameras turned on during the entire incident.

Martinez says the Monmouth County Prosecutor’s Office has refused to release the names of the officers involved in silencing him. Martinez also claims the prosecutor’s office has refused to release the investigative file of evidence it reviewed in response to the investigation into the misconduct that occurred at the Black Lives Matter protest.

“Mr. Martínez now brings this action to prevent law enforcement from continuing to infringe upon the constitutional rights of reporters and others seeking to record and document political protests,” the Black Lives Matter lawsuit says.

Martinez also is seeking to redress the harm unlawfully inflicted on him when the police tackled, arrested, detained and jailed him, which prevented him from exercising his First Amendment rights.

The reporter explains that the prosecutor’s office said in a press release that there was no indication Martinez informed the officers that arrested him that he was a member of the press; but Martinez can be heard identifying himself as a reporter to the officer who tackled him on other body-worn camera footage publicly posted on YouTube by the prosecutor. 

In addition, the prosecutor also acknowledges that two officers, both of which have been referred to the Internal Affairs Unit, happened to have their body-worn cameras turned off during the whole incident.

Martinez says the prosecutor is quibbling with the size of the reporter’s credentials, but Martinez claims the credentials in question were issued to him by New Jersey law enforcement.

The Black Lives Matter lawsuit also states that “Mr. Martinez through counsel requested a copy of the ‘evidence’ reviewed by the Monmouth Prosecutor in connection with its Investigative Findings but the Monmouth Prosecutor has refused to produce any documents in response to that request and further refuses to identify any of the officers involved.”

Martinez asserts that the need for a change in police training and supervision and the policies governing police interactions with reporters is unmistakable. He says that if the defendant’s policies regarding training and supervision had prepared officers to deal with journalists, he would not have been forced to endure the violent arrest and violation of his constitutional rights.

Martinez argues that he was attacked by the police while filming police brutality at a protest about police brutality. He claims no fewer than five law enforcement officials across three jurisdictions ignored his repeated statements that he was a journalist.

In addition, Martinez claims the police officers ignored his constitutional rights to record and report the news.

“As a working journalist who has and will continue to cover newsworthy events in Monmouth County and its towns, Mr. Martinez faces the real and immediate, ongoing threat that he will face similar police misconduct in violation of his constitutional rights while covering protests and other events in Monmouth County,” the Black Lives Matter lawsuit states.

What do you think of the police officers’ reaction to the press? Leave a message in the comments section below.

The plaintiff is represented by Goutam U. Jois of Siegel, Teitelbaum & Evans LLP and Shireen A. Barday of Gibson, Dunn & Crutcher LLP.

The Reporter Black Lives Matter Lawsuit is Gustavo Martinez v. City of Asbury Park, et al., Case No. 3:20-cv-08710, in the U.S. District Court for the District of New Jersey.

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