Lawsuits surround the Alton Sterling case one year later
17th July 2017 · 0 Comments
By Fritz Esker
Contributing Writer
A year after Alton Sterling was killed by a Baton Rouge police officer, prompting protests and a revenge killing of three Baton Rouge policemen, several lawsuits have been filed relating to the case.
On July 5, Alton Sterling was shot six times at close range by Baton Rouge police officer Blane Salamoni after a struggle outside the Triple S Food Mart where Sterling sold homemade CDs and DVDs. Two cellphone videos recorded the end of the confrontation and went public shortly after the shooting.
Sterling’s Family
The children of Sterling have filed a lawsuit against Salamoni, Officer Howie Lake II (who tasered Sterling and wrestled him but fired no shots), the city of Baton Rouge, the Baton Rouge Police Department and the police chief.
Atlanta-based attorney Chris Stewart represents Sterling’s oldest children. He said that the Baton Rouge Police Department has a history of excessive force complaints against it and that officers are not properly trained on how to de-escalate conflicts. He said de-escalation training should have been a priority after Hurricane Katrina, when there were many instances of policemen using excessive (and sometimes fatal) force.
The lawsuit seeks to provide monetary relief for Sterling’s five children, who now have to grow up without a father.
“A lot of times (in cases like these), people forget that there are children left behind who have no father and have to be provided for,” said Stewart.
Stewart said it is common for cities to reach settlements with families in cases like these because a trial is always a risky proposition. If a jury awards a massive verdict in favor of the plaintiffs, then a city could find itself in serious financial trouble. He emphasized that if no settlement is reached, he is fully prepared to go to trial and has current and former Baton Rouge police officers willing to testify about their experiences on the force.
“Cities often want to resolve cases like these, but if not, we’ll see you in court,” said Stewart.
Protestors and Journalists
Thirteen protestors and two journalists have filed suit against the city of Baton Rouge, the parish of East Baton Rouge, the East Baton Rouge Sheriff’s Department, and several individual police officers. The lawsuit alleges that the police officers violated the constitutional rights of the plaintiffs in what was a peaceful protest.
The protest took place on July 10, 2016. After a march to the State Capitol building, participants marched back down Government Street, where they came upon a road block. The police officers, in full riot gear and flanked by an armored vehicle, ordered protestors to get off Government Street. They turned off onto East Blvd., where they sang, prayed, and held up signs. Officers blocked off streets around the protestors and then ordered them off the streets.
Most of the protestors, including the plaintiffs, stepped onto sidewalks. The officers ordered them off the sidewalks and they went to the yard of Lisa Batiste, who gave them permission to be on her property. The police ordered them to disperse off the lawn, but had blocked off surrounding streets and already told them they were not to be on the sidewalk or streets.
A short time later, officers threw protestors to the ground and bound their wrists. Many of the incidents were captured in photographs. A number of protestors, reporters, and legal observers were arrested and charged with “Obstructing a Public Passageway,” “Obstruction of a Highway,” and “Resisting Arrest.”
“Some of the peaceful protestors and journalists suffered lasting physical and emotional trauma,” said William Most, attorney for the plaintiffs. “They have had to seek medical care repeatedly over the last year. Some were so shaken by the harm that they decided to leave Louisiana. And they have lived for the last year with criminal charges hanging over their head, which can be scary and stressful.”
The Baton Rouge D.A. has two years from the arrest to pursue prosecution. While the plaintiffs want compensation for their injuries, they also want to send a message that militarized police departments should not be allowed to abuse peaceful protestors.
“They filed this lawsuit to seek accountability,” said Most. “In America, you should not be put in prison for peacefully and legally speaking out, but that’s what happened here…The police arresting you for speaking out against the police is the very thing the First Amendment is supposed to prevent.”
Plaintiff Tammy Cheney was arrested with her 17-year-old daughter Alexus. Her five-year-old son was placed in state custody and her dog was taken to the pound. She was told she would be charged with child endangerment. Even though she was not charged on that count, she spent the night in jail terrified that her child would be taken from her. Alexus was placed in an adult prison with male and female inmates and strip-searched.
“No child should grow up afraid of the police,” Tammy Cheney said in a press release. “But my entire family, and especially my children, have been utterly traumatized by the violence of Baton Rouge law enforcement.”
Most also points to the compassion his plaintiffs showed for the Baton Rouge Police Department after six officers were shot and three officers killed by a Kansas City man named Gavin Long. Plaintiff Blair Imani organized a One Baton Rouge Vigil for the fallen officers.
“She (Imani) did this because she believes ‘all violence is wrong,’” Most said. “My clients are really inspirational people.”
Police Lawsuit Against Black Lives Matter
An unnamed Baton Rouge police officer who was wounded during Long’s shooting spree sued Black Lives Matter leaders, seeking at least $75,000 in damages. The filing said that the shooting was “caused or contributed to by the leaders of and by BLACK LIVES MATTER.” The officer was left “permanently disabled” by wounds to his shoulder, abdomen and head.
The plaintiff’s attorney is Donna Grodner and this is the second lawsuit she has filed on behalf of a Baton Rouge police officer against Black Lives Matter. The first plaintiff claimed he sustained injuries during a July 9 protest. In June, Chief U.S. District Judge Brian Jackson heard arguments about whether or not the first lawsuit should be thrown out on the grounds that Black Lives Matter is a movement and not an organization that can be sued. No ruling has been made yet.
A representative from Grodner’s office declined to comment about the lawsuits. A request for comment from DeRay McKesson, a Black Lives Matter leader named in the lawsuit, received no response.
This article originally published in the July 17, 2017 print edition of The Louisiana Weekly newspaper.
