The city of Philadelphia faces three class-action lawsuits filed Tuesday for the use of military force against protesters during peaceful protests against racial inequality and police brutality.
One of the lawsuits accuses Philadelphia police of using tear gas and firing rubber bullets at protesters as they marched peacefully down a city highway. Another accuses the police of using tanks, tear gas, pepper spray and rubber bullets in an African-American business and residential district.
“They were just opening fire on anybody they saw, for hours and hours, regardless of any conduct or justification,” said Bret Grote, legal director of the Abolitionist Law Center, who considered the police response to the demonstrations that swept through the city in May and June reckless.
“They were shooting children. They were shooting old people. They were shooting residents on their own street. They were gassing the firefighters,” he said.
The lawsuits, involving more than 140 plaintiffs, were filed the same day the city announced the resignation of Philadelphia Managing Director Brian Abernathy. The suits were filed by the law center, the NAACP Legal Defense and Educational Fund and various civil rights lawyers in the city.
Mayor Jim Kenney, in a statement, said the city is conducting an independent review of both situations. “I am highly concerned about what transpired on both I-676 and 52nd Street and I fully regret the use of tear gas and some other use of force in those incidents,” Kenney said. “The investigation is still underway, but any officer found to have violated (department) policy will be held accountable.”
Kenney and Police Commissioner Danielle Outlaw had apologized for using tear gas in the June 1 demonstration on the interstate, saying they had incorrect information.
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The protests were part of nationwide demonstrations against George Floyd´death due to police brutality.
Lawyer Jonathan Feinberg, who was involved in the suit said that “in response to protests and a national conversation about police accountability and an end to a long history of police brutality, the Philadelphia Police Department reacted with more brutality.”
“Our firm dates back to 1971. We cannot recall a single episode in which the Philadelphia police used munitions like this in a peaceful protest,” Feinberg said.
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The third lawsuit comes from Shahidah Mubarak-Hadi. This plaintiff said her 3- and 6-year old children were hurt after police fired tear gas at their home in West Philadelphia. “Officers violated the sanctity of our home, without forethought, senselessly firing tear gas around our residence while we were inside,” she said. “My children and I no longer feel safe in our own house.”
The police response, lawyers said in a press release, violated their clients’ First Amendment right to free speech and assembly, Fourth Amendment ban on excessive force and 14th Amendment ban, through the Equal Protection Clause, on racially discriminatory policing.
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