Legal
Info for Arrestees
Take Action
Legal Stats
Who We Are
Press & Outreach
Evidence
Civil Suits
Telling Your Story
Materials & Resources
Legal Observers
Links
Pre-Action Archives

Government asks judge to throw out Miami protesters' suit

by Catherine WilsonAssociated Press
August 4th, 2004

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.


FAIR USE NOTICE: This page contains copyrighted material the use of which has not been specifically authorized by the copyright owner. NoNonsense English offers this material non-commercially for research and educational purposes. I believe this constitutes a fair use of any such copyrighted material as provided for in 17 U.S.C ยง 107. If you wish to use copyrighted material from this site for purposes of your own that go beyond fair use, you must obtain permission from the copyright owner, i.e. the media service or newspaper which first published the article online and which is indicated at the top of the article unless otherwise specified.


Stopftaa.org was designed and run off software by Radical Designs and hosted on RiseUp.net