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Thursday, February 10, 2005

Ind. Decisions - Police interference with protesters ruled illegal

Kevin O'Neal reports in the Indianapolis Star today that:

A federal judge has ruled that Indianapolis police wrongfully prevented demonstrators from walking on the Circle on their way to protest at the 2003 National Governors Conference.

"An ordinary police officer should have recognized that such interference was unwarranted and unconstitutional," U.S. District Judge John D. Tinder wrote in a decision Wednesday.

Allowing police to force a group of peaceful protesters away from the center of Downtown Indianapolis would leave the constitutional promise of free expression "as hollow as a snare drum," Tinder wrote in issuing a summary judgment in favor of the marchers.

"The city was basically saying it had a right to resist people who were obeying all traffic signals," Kenneth Falk, legal director of the Indiana Civil Liberties Union, said.

Kobi Wright, counsel for the city of Indianapolis, said he was surprised by the decision.

"The city still stands by the officers' decision and the need that traffic flows freely," Wright said.

The judge's decision sets the stage for a trial to decide if the Indianapolis Police Department must pay monetary damages to the protesters.

Judge Tinder's opinion is not yet available on the opinion page of the website for the US District Court for the Southern District of Indiana.

Posted by Marcia Oddi on February 10, 2005 10:26 AM
Posted to Ind Fed D.Ct. Decisions