ACLU-MN files class-action lawsuit on behalf of protesters injured in George Floyd demonstrations
Police in riot gear walk through a cloud of blue smoke as they advance on protesters near the Minneapolis 5th Precinct, Saturday, May 30, 2020, in Minneapolis.[AP Photo/John Minchillo]
The American Civil Liberties Union of Minnesota, along with Fish & Richardson, filed a class-action lawsuit Tuesday on behalf of protesters injured during peaceful demonstrations over the death of George Floyd.
The lawsuit names the city of Minneapolis, Minneapolis Police Chief Medaria Arradondo, police union head Lt. Bob Kroll, Minnesota Department of Public Safety Commissioner John Harrington and Minnesota State Patrol Col. Matthew Langer as defendants.
According to the ACLU, the lawsuit alleges police and troopers used unnecessary and excessive force to suppress protesters’ First Amendment rights to peacefully assemble. Many protesters were teargassed, pepper-sprayed and shot with foam bullets and flashbangs. The lawsuit adds that law enforcement often fired without warning or orders to leave.
The four plaintiffs listed— Nekima Levy Armstrong, Marques Armstrong, Terry Hempfling, and Rachel Clark — suffered injuries that still remain two months later, including severe bruising and vocal issues from tear gas, the ACLU said.
"No one should face tear-gassing, foam bullets or pepper spray while exercising their right to peacefully protest," said ACLU-MN Legal Director Teresa Nelson. "That law enforcement here followed their typical pattern of using indiscriminate force rather than respecting the First Amendment, especially following the brutal murder of George Floyd by four of their own, is disgraceful and an affront to our Constitution."
"It is deeply disturbing that the MPD chose to respond to protests – and to the justifiable frustration and outrage that people feel over George Floyd’s murder by MPD – with violence," added Armstrong, a civil rights lawyer and activist. "As one of the protesters who was teargassed, I still feel the lingering effects of such a strong chemical agent. We are participating in the lawsuit to protect our First Amendment freedoms of speech and the right to peaceably assemble in protest, which will help us fight for justice for George Floyd."
The lawsuit seeks the court to find the conduct by law enforcement violated the First, Fourth and 14th Amendments, an injunction and an award of damages and attorneys’ fees.
It also outlines what the ACLU said is a sustained history of unconstitutional actions by MPD against protesters, and an ongoing failure to train, supervise, investigate and discipline officers for First Amendment violations.
KSTP reached out to the city of Minneapolis for comment but officials declined to comment at this time.
DPS told KSTP, "DPS will not comment on the specifics of pending litigation. That said, DPS defends and supports citizens’ constitutional right to first amendment expression when exercised in a lawful and nonviolent manner."