On March 11, 2011, the NAACP and a few other individuals filed a class-action lawsuit against the city of San Jose and public officials. The plaintiffs stated that they were peacefully protesting police brutality and institutionalized racism when San Jose police fired impact munitions and attacked them with flash-bang grenades, chemical weapons, and batons. The plaintiffs contended that the defendants have exhibited a long history of targeting Black, Brown, and Muslim communities, and that the use of force in these protests was racially motivated. The plaintiffs sued under 42 U.S.C. § 1983, contending that the defendants violated their First Amendment right to free speech and association, their Fourth Amendment right to be free from unlawful arrest and excessive force, and their Fourteenth Amendment rights to equal protection. Claims were also brought under the state constitution equivalents of these provisions. The plaintiffs also brought claims under the ADA and Rehabilitation Act, arguing that the defendant's policing practices failed to make reasonable modifications that allow people with disabilities to participate in protests. Finally, the plaintiffs sued under a variety of state laws, including tort claims like assault and negligence. The lawsuit sought declaratory relief stating that the defendant's policing practices were unconstitutional, as well and preliminary and permanent injunctive relief enjoining the defendants from engaging in the same behavior in the future. The class members also sought compensatory damages relief.

The case was assigned to Judge Phyllis Jean Hamilton of the Northern District of California. As of May 25, the case remains ongoing.

Justin Hill - 05/25/2021


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