In July 2016, activists took to the streets in outrage after two Baton Rouge police officers shot 37-year-old Alton Sterling six times at close range while the man was pinned to the ground. The incident, which was recorded by bystanders and shared on social media, sparked outrage in the city’s African-American community. On July 9, activists demonstrated in front of the Baton Rouge Police Department’s headquarters to protest the escalating police violence directed at black men and women nationwide and demand accountability and reforms. During the protest, DeRay Mckesson, one of the event organizers, engaged in no acts of violence and did not incite or condone violence by others. While the demonstration began peacefully, enraged protesters began throwing objects at police who were massed nearby preparing to make arrests. One officer was struck and injured by a rock thrown by an unknown protester. The injured officer brought a personal injury lawsuit against Mckesson and the “Black Lives Matter” movement, seeking more than $75,000, claiming they knew or should have known that violence would erupt during the demonstration. The lawsuit was dismissed by the trial court, which ruled that Mckesson was engaged in constitutionally protected activity and there was no allegation that he authorized or directed any violent actions. On appeal, the Fifth Circuit Court of Appeals reinstated the lawsuit, ruling that Mckesson could be liable for the officer’s injuries because Mckesson should have known police might respond to the protest, inciting violence by protesters. In its brief, The Rutherford Institute warns against allowing police to weaponize personal injury lawsuits in order to chill First Amendment activities.
The Rutherford Institute’s amicus brief in Mckesson v. Doe is available at www.rutherford.org. Attorneys Erin Glenn Busby, Lisa R. Eskow, and Michael F. Sturley of the University of Texas School of Law Supreme Court Clinic assisted in advancing the legal arguments in Mckesson.
The Rutherford Institute, a nonprofit civil liberties organization, provides legal assistance at no charge to individuals whose constitutional rights have been threatened or violated.
Source: https://bit.ly/3bfR17e
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