MIAMI - The
federal government, Miami prosecutors and the region's law enforcement
are asking a judge to throw out a lawsuit by protesters claiming
officials organized a punitive, pre-emptive campaign to stifle legal
demonstrations during a global trade summit.
Attorney General John Ashcroft, Homeland Security Secretary Tom
Ridge, area police, prosecutors and mayors have various arguments for
killing the lawsuit, which was filed in March. The suit claims the
region's police agencies violated the constitutional rights of everyone
from college students to retired union members during the Free Trade Area of the Americas conference last November.
U.S. District Judge Cecilia Altonaga ordered Tuesday an Oct. 1 hearing on the dismissal request.
Police agencies developed a secret plan
for dealing with a feared influx of anarchists following riots during a
World Trade Organization meeting in Seattle. But a Miami-Dade County
review committee concluded police trampled civil rights and briefly
placed Miami "under martial law" during the FTAA meeting.
In court papers filed since Friday, the government officials and
agencies called on Altonaga to dismiss the suit, which seeks damages and
an injunction to prevent a recurrence of the police response and
prolonged jailings protesters complained about.
The federal defendants maintain protesters have not met the minimum legal requirements to pursue the suit.
Broward County Sheriff Ken Jenne maintains the essence of the suit is
"rhetorical, not legal or factual" and that 40 local, state and federal
agencies have been lumped together under broad allegations rather than
in legitimate claims.
Miami-Dade State Attorney Katherine Fernandez-Rundle claims immunity
for her office's prosecution of protesters and faults "vague and
overbroad" allegations.
Miami-Dade Mayor Alex Penelas and then Miami-Dade police chief Carlos
Alvarez, now a candidate to replace Penelas, say they were not properly
served with copies of the lawsuit.
"We're confident the heart of the argument will go forward," said
Robert Ross of the National Lawyers Guild, a liberal civil liberties
group. "In our mind, they have a pretty tough position to advance."
The protesters are seeking class-action status to allow them to
pursue their claims under a single lawsuit. The lead plaintiff,
71-year-old retired pilot Bentley Killmon, claimed he was handcuffed for
hours after he was taken into custody while looking for his bus home to
Fort Myers after an AFL-CIO rally.
About 8,000 people joined protests and rallies in downtown Miami over
several days. Witnesses said unprovoked police officers used rubber
bullets, tear gas, Tasers and pepper spray on them as officers made 146
arrests.
Under pressure from a different judge, the city repealed an ordinance
enacted before the summit requiring permits for gatherings of more than
six people lasting more than 30 minutes and limiting what protesters
could carry.
Three women have sued Miami-Dade County and jail officials in a
different case, claiming unnecessary strip searches on misdemeanor
arrests.
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