By Dominique Kato
MINNESOTA – On Tuesday, The ACLU of Minnesota filed a class-action lawsuit on behalf of journalists who have been tear-gassed, pepper-sprayed, shot in the face with rubber bullets, threatened and arrested by law enforcement without cause, while covering protests over the police murder of George Floyd.
On Monday May 25, 2020, George Floyd, a Minneapolis citizen, was murdered by an officer of the Minneapolis Police Department, Derek Chauvin. Floyd was pinned down on the street, becoming unresponsive while Chauvin knelt on Mr. Floyd’s upper back and neck. Two officers aided in holding him down, and another stood by. All four officers have been fired by the City and Chauvin has been charged with second-degree murder and manslaughter. Due to the videos of this incident spreading across social media thousands of people gathered across the country to protest and mourn Mr. Floyd’s murder. These protests have led to the escalation of unlawful force deliberately targeting reporters and protesters. The lawsuit holds that the actions brought on by law enforcement are in violation of the First, Fourth and Fourteenth Amendments. The lawsuit demands a temporary restraining order, an injunction to stop law enforcement from attacking and targeting journalists, and damages compensation for the plaintiff.
The Minnesota ACLU, Fredrikson & Byron P.A. and Apollo Law LLC are suing the City of Minneapolis, Minneapolis Chief of Police Medaria Arradondo, Lieutenant of Minneapolis Police Department Robert Kroll, Minnesota Commissioner of Public Safety John Harrington, Minnesota State Patrol Colonel Matthew Langer, and John Does, unidentified individuals who committed the acts specified in the brief. Jared Goyette et al. v. City of Minneapolis et al. was filed in the U.S. District Court in the Minnesota District.
The Plaintiff Jared Goyette, a freelance journalist, brought this action on behalf of other similarly situated people, members of the news media, who will in the future watch and record protest activity and the conduct of law enforcement officers on duty. The Plaintiff Class is defined as, “All members of the news media who intend to engage in newsgathering or reporting activities in Minnesota related to the protest activities that followed the death of George Floyd and the law enforcement response to those protests.”
Count 1 of the lawsuit argues there has been a violation of the First Amendment which protects freedom of speech, freedom of religion, freedom of assembly, freedom of the press, and right to petition. They allege the defendants retaliated against journalists for participating in a constitutionally protected activity. They noted the defendant’s retaliation is “part of a pattern or practice of unconstitutional conduct that is certain to continue absent any relief.” The lawsuit notes that the Plaintiff Class reasonably fears retaliation in the form of chemical agents, unlawful seizure, and excessive force and that there is a need for more police training.
Count 2 of the lawsuit alleges there has been a violation of the Fourth Amendment which protects people from unlawful searches and seizures. They claimed that the Plaintiff Class were seized by defendants when the officers terminated their freedom of movement and when they arrested and detained them. As a result of these acts the lawsuit states, “Defendants’ acts were objectively unreasonable and constituted unlawful seizure and excessive force.” Further, they note that they did not commit any crime since members of the media are exempt from curfew orders and permitted to cover protests outside of restriction times, nor did they pose a threat to anyone.
Count 3 of the lawsuit alleges a violation of the Fourteenth Amendment, stating that the due process rights were violated when Defendants arrested members of the Plaintiff Class without probable cause and deployed chemical agents without warning. The Due Process clause declares that states may not deny any person “life, liberty or property, without due process of law.” They further noted that the Plaintiff Class fear further violation in the future if they continue to do their jobs.
The lawsuit’s lead plaintiff, Jared Goyette, was documenting protesters’ efforts to help an injured young Black man when police fired a projectile at his face.
The lawsuit argues, “Plaintiff Goyette’s Fourth and Fourteenth Amendment rights were violated when he was deliberately targeted and shot with a rubber bullet during the course of his reporting activities.”
The lawsuit also demands a temporary restraining order, and a preliminary injunction, excluding the Defendants from engaging in unconstitutional conduct toward journalists. They further seek a declaration that the defendant’s conduct violated the First, Fourth, and Fourteenth Amendment of the U.S. Constitution. Lastly, they ask for damages compensation for Plaintiff Goyette for his injuries, an award of attorney fees, and “an award of such other and further relief as the Court deems equitable and just.”
As the protests unfolded many confrontations occurred involving MPD, State Patrol, and groups of demonstrators to whom law enforcement, without any warning, deployed less-lethal ballistics and chemical irritants against the demonstrators. There have been numerous instances of the Defendants aggressively confronting members of the news media and many have reported injuries sustained as a result of law enforcement’s use of riot control tactics against clearly identifiable members of the news media.
The lawsuit refers to numerous instances of arrests, injuries, and physical threats that journalists have received while in the field. One account was Lucas Jackson who was pepper sprayed in the face and shot in the back by a less-lethal projectile. Jackson stated, “It’s not that we were being shot because we were between cops and protesters. It’s that we were shot at if we were anywhere in line of sight. I’ve been hit because I was in the wrong place before. I’ve never been aimed at so deliberately so many times when I was avoiding it.”
The lawsuit also recalls the incident where Linda Tirado, a freelance journalist, was shot in her left eye with a less-lethal projectile and is now permanently blind in that eye.
“Law enforcement is using violence and threats to deter the media from vigorously reporting on demonstrations and the conduct of police in public places,” stated ACLU-MN Legal Director Teresa Nelson.
“The press protects us all by keeping us informed about the activities of our government. When the government violently represses journalists in violation of the Constitution, we have a duty to speak out and protect the press in return,” stated Attorney Kevin Riach with Fredrikson & Byron.
The lawsuit further claims that Minneapolis police have a history of unconstitutional actions stating, “The State and Municipal Defendants have a history of unconstitutional actions against journalists.” They refer to several instances through previous years. In mentioning the Minneapolis Police Policy and Procedure Manual section 6-200, they state that it provides no instruction or guidance on how to identify the media or ensure their First Amendment rights are respected. Further it does not discuss how to safeguard press freedoms at protests.
Plaintiff brings this action on behalf of all media personnel and asks the Court to restrain the Defendants from committing further violence and unconstitutional conduct. The lawsuit states, “The press is under assault in our City.”
For more information on the lawsuit and the ACLU statement you can find it here: https://www.aclu-mn.org/en/press-releases/aclu-mn-sues-law-enforcement-over-attacks-journalists-covering-george-floyd-protests
To sign up for our new newsletter – Everyday Injustice – https://tinyurl.com/yyultcf9
