University of Michigan Law School
Civil Rights Litigation Clearinghouse
new search
view search results
page permalink
Case Name Indy 10 Black Lives Matter v. Indianapolis PN-IN-0003
Docket / Court 1:20-cv-01660-JMS-DLP ( S.D. Ind. )
State/Territory Indiana
Case Type(s) Policing
Speech and Religious Freedom
Special Collection Police Violence Protests (Spring/Summer 2020)
Attorney Organization ACLU Affiliates (any)
Case Summary
This lawsuit was filed on June 18, 2020 in the U.S. District Court for the Southern District of Indiana. The suit was filed in response to police tactics used to quell protests in Indianapolis that ensued following the police killing of George Floyd in May of 2020. Plaintiffs were Indy 10 Black ... read more >
This lawsuit was filed on June 18, 2020 in the U.S. District Court for the Southern District of Indiana. The suit was filed in response to police tactics used to quell protests in Indianapolis that ensued following the police killing of George Floyd in May of 2020. Plaintiffs were Indy 10 Black Lives Matter (a Black Lives Matter chapter out of Indianapolis) and three individual plaintiffs. They were represented by attorneys from the ACLU of Indiana. The only defendant was the City of Indianapolis.

The complaint alleged that Indianapolis police used stun grenades, tear gas, and pepper-balls against peaceful protesters, in addition to rubber bullets and police dogs. Plaintiffs alleged that these actions violated the plaintiffs' First Amendment rights to free speech and free assembly and their Fourth Amendment rights from excessive force. Plaintiffs sought declaratory relief, a preliminary and permanent injunction prohibiting defendants from interfering with peaceful protests, especially with excessive force. They also sought money damages and attorney's fees and costs.

The case was assigned to Judge Jane Magnus-Stinson and Magistrate Judge Doris L. Pryor. At the end of June, the court ordered a hearing for the preliminary injunction. Briefing on the motion for a preliminary injunction continued throughout July and August. In early September, the parties indicated that they were working with Magistrate Judge Pryor to try and reach a settlement.

On October 5, the parties reached a settlement, and shortly after, the plaintiffs withdrew their motion for a preliminary injunction. Under the settlement, the Indianapolis Metro Police Department ("IMPD") may only use force that is objectively reasonable and proportionate to the circumstances. No riot control agents that under City and IMPD policies require approval abuse would be used to deter protestors from going to another location, against protestors because elsewhere in the City there were unlawful activities taking place, and against protesters engaged in passive resistance. In addition, the settlement required IMPD to take reasonable measures to ensure announcements to disperse were heard by all and to announce the use of riot control agents.

The plaintiffs filed a stipulation of dismissal with prejudice on December 11, 2020, and the Court dismissed the case on December 14, 2020. This case is closed.

Jack Hibbard - 07/17/2020
Jack Hibbard - 08/04/2020
Emily Kempa - 12/30/2020


compress summary

- click to show/hide ALL -
Issues and Causes of Action
click to show/hide detail
Issues
Constitutional Clause
Freedom of speech/association
Unreasonable search and seizure
Defendant-type
Jurisdiction-wide
General
Excessive force
Pepper/OC spray
Plaintiff Type
Non-profit NON-religious organization
Private Plaintiff
Causes of Action 42 U.S.C. ยง 1983
Defendant(s) City of Indianapolis
Plaintiff Description Indy 10 Black Lives Matter and 3 individuals
Indexed Lawyer Organizations ACLU Affiliates (any)
Class action status sought No
Class action status granted No
Filed Pro Se No
Prevailing Party None Yet / None
Public Int. Lawyer Yes
Nature of Relief None yet
Source of Relief None yet
Filed 06/18/2020
Case Closing Year 2020
Case Ongoing No
Additional Resources
click to show/hide detail
  See this case at CourtListener.com (May provide additional documents and, for active cases, real-time alerts)
Court Docket(s)
S.D. Ind.
12/14/2020
1:20-cv-01660
PN-IN-0003-9000.pdf | Detail
Source: PACER [Public Access to Court Electronic Records]
General Documents
S.D. Ind.
06/18/2020
Complaint for Declaratory and Injunctive Relief and Individual Damages [ECF# 1]
PN-IN-0003-0001.pdf | Detail
Source: PACER [Public Access to Court Electronic Records]
S.D. Ind.
06/18/2020
Motion for Preliminary Injunction [ECF# 5 & 5-1]
PN-IN-0003-0002.pdf | Detail
Source: PACER [Public Access to Court Electronic Records]
S.D. Ind.
07/10/2020
[Exhibits in Support of Motion for Preliminary Injunction ECF 5] [ECF# 19-1 to 19-19]
PN-IN-0003-0003.pdf | Detail
Source: PACER [Public Access to Court Electronic Records]
S.D. Ind.
07/10/2020
Memorandum in Support of Motion for Preliminary Injunction [ECF# 21]
PN-IN-0003-0004.pdf | Detail
Source: PACER [Public Access to Court Electronic Records]
not recorded
10/29/2020
Settlement Agreement
PN-IN-0003-0005.pdf | Detail
Source: ACLU
show all people docs
Judges Magnus-Stinson, Jane Elizabeth (S.D. Ind.) show/hide docs
PN-IN-0003-9000
Pryor, Doris L. Court not on record [Magistrate] show/hide docs
PN-IN-0003-9000
Plaintiff's Lawyers Falk, Kenneth J. (Indiana) show/hide docs
PN-IN-0003-0001 | PN-IN-0003-0002 | PN-IN-0003-0003 | PN-IN-0003-0004 | PN-IN-0003-9000
Pactor, Steve J (Indiana) show/hide docs
PN-IN-0003-0001 | PN-IN-0003-0002 | PN-IN-0003-0004 | PN-IN-0003-9000
Rose, Gavin Minor (Indiana) show/hide docs
PN-IN-0003-0001 | PN-IN-0003-0002 | PN-IN-0003-0004 | PN-IN-0003-9000
Defendant's Lawyers Harrigan, Anne Celeste (Indiana) show/hide docs
PN-IN-0003-9000
Willfond, Adam Scott (Indiana) show/hide docs
PN-IN-0003-9000

- click to show/hide ALL -

new search
view search results
page permalink

- top of page -