A federal judge on Monday dismissed all but two of the claims Black Lives Matter and several individual demonstrators brought against Donald Trump, William Barr, and others in the sprawling lawsuit filed after the clearing of Lafayette Square on June 1, 2020.
Court Assumed BLM Complaints Were True In an opinion issued earlier this week, Judge Dabney Friedrich analyzed the claims Black Lives Matter and several individual plaintiffs brought against a bevy of defendants, including former President Trump, former Attorney General Barr, the U.S. Park Police, the D.C. National Guard, the U.S. Secret Service, the Federal Bureau of Prisons, the Arlington County Police Department, the D.C. Metropolitan Police Department, as well as individual officers working for the various agencies.
Most of BLM's Claims Dismissed In Monday's opinion, while the district court noted there is "Some dispute about whether the D.C. defendants were personally involved in clearing Lafayette Square," the judge made no mention of the inspector general's report nor its findings that the park was not cleared for a photo op.
Even accepting the plaintiffs' numerous allegations, the court nonetheless dismissed all but two of the claims.
Of the two claims that weren't dismissed, the court first held the plaintiffs' allegations sufficiently stated First Amendment claims against the D.C. and Arlington County law enforcement officers.
According to the complaints, those officials used force to disperse "a crowd of peaceful protestors who were exercising their First Amendment rights." Second, the plaintiffs' First Amendment claim against the federal government, seeking injunctive relief, survived because it "Challenged the continued restrictions on access to Lafayette Square." Significantly it is the Biden administration that must answer for these purported infringements on the plaintiffs' free speech rights.
In litigating these remaining claims, the plaintiffs must now decide how to handle the inspector general's report, consistent with Federal Rule of Civil Procedure 11.
Sunday, June 27, 2021
After A Judge’s Dismissal And A Damning Report, BLM May Have To Admit What Really Happened In Lafayette Park
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