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The lawsuit stems from protests over the murder of George Floyd last year and alleges the city’s malicious or reckless intentions.
(Rick Egan | The Salt Lake Tribune) Police threaten to arrest a protester as they push crowds south of 300 on Saturday, May 30, 2020.
| October 12, 2021, 1:13 p.m.
Fourteen Utahns have filed a civil rights lawsuit against Salt Lake City, alleging unlawful arrests and unreasonable use of force last year during local protests against the murder of George Floyd.
The events mentioned in the complaint, which was filed on Friday, reportedly occurred over the weekend of May 30, 2020. The complaint indicates that several complainants were injured by police without provocation, including two who were concussed and one whose vision has been damaged. Others were arrested for not dispersing after Mayor Erin Mendenhall put a curfew in place, the complaint says.
The complainants allege that the curfew order was unconstitutional and violated their rights to freedom of expression and assembly, and they argue that it had unlawful discriminatory intent on the basis of race. They seek punitive damages against the city and argue that the alleged actions, including the unlawful arrests and unreasonable use of force, were motivated by malicious or reckless intent.
The city had not filed a response to the complaint on Monday evening, but a city spokesperson said the city’s curfew and actions were appropriate and legal due to the nature of the events during the protests. .
We are satisfied that the mayor acted within his legal authority to impose the emergency curfew and that the Salt Lake City Police Department acted appropriately during the civil unrest of May 30 and June 1, said the spokesperson. Salt Lake City police referred to the same statement.
Attorney Brian Jackson, who represents the 14 plaintiffs, said that prior to the May 30, 2020 curfew order, Jackson attended the protest with his wife and daughters.
When he later saw protesters being arrested amid the curfew order, he posted on Twitter, offering free legal services to those arrested.
I am prepared to deal with pro bono cases for those arrested during tonight’s protests in Salt Lake City. #civil rights
– Brian K. Jackson (@BJ_Utah_Lawyer) May 31, 2020
As a civil rights lawyer in Utah, I decided I couldn’t sit on the sidelines and had to play a role and help, Jackson said in an email.
Many of those arrested have turned to Jackson for legal aid after his post, he said. But some also shared that they were shot during the protests with unprovoked rubber bullets, Jackson said.
In a letter to the city attorney’s office, Jackson described the constitutional concerns he had. The office later announced that it would not prosecute protesters arrested for failing to disperse charges. He then began to examine and assess the use of force allegations he had received.
According to the complaint filed on Friday, police shot a complainant in the face with a rubber bullet from a short distance of about 3 feet. Brogan Knebeo then woke up in a hospital with a foreign body stuck in his eye and high blood pressure behind his eye, the complaint says. He continues to suffer from vision loss as well as loss of work, medical bills and PTSD, according to the complaint.
Another complainant, who served as a doctor at a protest on June 1, 2020, said she was arrested despite a curfew order making an exception for emergency personnel, the complaint says. She said she identified herself with officers, but was unprovoked in the arm with rubber bullets from officers and was thrown to the ground by police forces. order before being arrested.
In the complaint, she argues that she was never ordered to disperse and notes that her phone was seized and searched.
Jackson said the curfew order was entered without notice and before anyone could challenge its legality. The action left many protesters without a clear path to disperse, he said. A complainant alleged he was pulled over and arrested while driving away, resulting in a towing bill of nearly $ 250 with no probable cause for his arrest.
We hope that in the future Salt Lake City knows and implements plans to ensure that Federal First Amendment constitutional rights and procedures are respected before issuing sweeping policies that may violate these vital rights, said Jackson in an email.
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