The ACLU of Nebraska is filing a federal lawsuit against the City of Omaha and police officials for actions against protesters in recent months.
Ahead of the filing, the ACLU published a news release detailing the lawsuit was filed on behalf of ProBLAC and “a diverse group of citizens calling for racial justice" in U.S. District Court will name the City of Omaha, Omaha Police Chief Todd Schmaderer, and OPD Capt. Mark Matuza; and will focus specifically on “suspect policy and practices” of OPD during protests this summer at 72nd and Dodge streets as well as the Midtown protest in July.
Monday afternoon, the lawsuit was made publicly available. The petition includes the following allegations:
- The Omaha protest on May 29 at Crossroads Mall was sparked by the death of George Floyd in Minneapolis May 25. The petitioners claim officers declared the event an unlawful assembly but “the vast majority of protesters did not hear any such order.”
- Officers took no actions to keep the protesters out of the street and instead used “skirmish lines” to force them towards the intersection of 72nd and Dodge Streets “while police prepared to respond with extreme force.”
- Pepper balls were used on protesters despite manufacturer instructions not to shoot targets directly while “Omaha Police indiscriminately fired pepper balls at protesters at close or even point-blank range."
On behalf of the Omaha organization ProBLAC and a diverse group of citizens calling for racial justice, the ACLU of Nebraska is seeking relief on two main fronts. The lawsuit alleges the Omaha Police Department used excessive force and retaliated with force against peaceful Black Lives Matter protesters. It also challenges the vagueness and breadth of ordinances used in the arrests. In short, the lawsuit argues that Omaha Police’s aggressive enforcement of unconstitutionally vague city codes violated protesters’ rights under the U.S. Constitution, chilling peaceful free expression and subjecting protesters to unreasonable arrests and excessive force resulting in injury and trauma. -Statement from ACLU of Nebraska
The lawsuit names eight plaintiffs, most of whom were detained or arrested during the Midtown protests, according to the release. The plaintiffs include:
- Alexander “Bear” Matthews, organizer of the Midtown protest
- Josh Augustine and Jordan Corbin, participants at Midtown protest
- Riley Wilson, legal observer of Midtown protest
- Melanie Buer, journalist at Midtown protest
- Mahmud Fitil and Isabella Tarr, participants at 72nd & Dodge street protest
In addition to seeking damages, the lawsuit requests an evidentiary hearing and two injunctions, one preventing police from using traffic laws to shut down protests in the streets and another to stop police from using “chemical agents” to disperse protests.
“The answer to protests against police brutality shouldn’t be more brutality,” said Danielle Conrad, executive direct of the ACLU of Nebraska. “Omaha Police have put Black Omahans and all Omahans calling for justice in the unacceptable position of deciding between their constitutional rights and their own health and safety. We’re asking the courts to intervene, to reaffirm peaceful protesters' rights and to prevent irreparable damage caused by excessive force going unchecked.”
The Omaha City Attorney issued a response Monday:
“It is difficult for the city to respond to a lawsuit when it has yet to be served with the complaint. Omaha has always been supportive of free speech and public demonstrations and will continue to do so. The police make every effort to cooperate and protect demonstrators as long as they obey the law and police commands. We look forward to defending the city.” -Paul D. Kratz, Omaha City Attorney