Philadelphia protesters sue city over tear gas, use of force by police
PHILADELPHIA » Three civil rights lawsuits filed in Philadelphia on Tuesday accuse the city of using military-level force that injured protesters and bystanders alike during peaceful protests against racial inequality and police brutality.
One lawsuit accuses Philadelphia police of lobbing tear gas and firing rubber bullets at protesters indiscriminately as they marched peacefully on 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, at times injuring people in or near their own homes.
“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 called the police response to demonstrations that rocked 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 civil rights lawyers in the city.
Both the city and the police department declined to comment directly on the lawsuits. However, Mayor Jim Kenney, in a statement, said the city is conducting an independent review of both situations and will hold police accountable.
“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.
Kenney and Police Commissioner Danielle Outlaw had previously apologized for using tear gas in the June 1 demonstration on the interstate, saying they relied on incorrect information. They also announced a temporary moratorium on its use in most cases. Abernathy on Tuesday said his decision to resign was not related to the city’s handling of the protests, but added that the city needs more diverse voices “at every level of government.”
Videos show Philadelphia police that day firing tear gas at dozens of protesters trapped on the roadway, forcing some to climb up a steep embankment and over a concrete wall and fence to escape.
The protests were among those that erupted nationwide after the death of George Floyd, who died after a Minneapolis police officer put his knee on his neck for several minutes to pin him to the ground.
“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,” said lawyer Jonathan Feinberg, who was involved in the litigation and works for the civil rights firm Kairys, Rudovsky, Messing, Feinberg and Lin LLP.