Protesters sue Philadelphia over excessive use of force

PHILADELPHIA — Three class-action 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 teargas and firing rubber bullets at protesters indiscriminately as they marched peacefully on a city highway, without regard to their conduct. Another accuses the police of using teargas, pepper spray and other weapons in an African American business and residential district, at times injuring people simply standing outside their 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 use of rubber bullets and tear gas in demonstrations that rocked the city in late May and early 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’S Legal Defense and Educational Fund and various civil rights lawyers in the city.

Both the city and the police department declined to comment directly on the lawsuits. However, Mayor Jim Kenney said the city is conducting an independent review.

“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. “Any officer found to have violated (department) policy will be held accountable.”

Kenney and Police Commissioner Danielle Outlaw had previously apologized for using tear gas in the June 1 demonstration on the interstate, saying they were relying on incorrect information. They also announced a temporary moratorium on its use in most nonviolent situations.

The protests in Philadelphia were part of nationwide demonstrations that erupted after George Floyd died in Minneapolis at the hands of police.

Meanwhile, The Washington Post found that, nationally, eight people lost vision in one eye after being struck May 30 by police projectiles, including lead pellets packed in cloth pouches that were fired from shotguns. They were among 12 people who were partially blinded by police during a week of national unrest over the Floyd case.

Of the eight who lost sight that day, six were protesters, one was a photojournalist and another was a passerby, the post reported.