1. Plaintiffs have peacefully demonstrated during protests associated with the “Occupy Oakland” movement and they hope to continue to exercise their First Amendment rights by continuing to demonstrate in Oakland. But Plaintiffs are concerned for their safety at future protests, because during two previous protests they have encountered, and some of them have been victims of, excessive force by Oakland Police Department personnel and other law-enforcement officers working in concert with the Oakland Police Department.
This force includes the indiscriminate use of explosive devices, lead-shot-filled projectiles fired from shotguns, nightsticks, and rubber-encased bullets. At least two demonstrators have suffered extremely serious injuries during these demonstrations: one a fractured skull, the other a ruptured spleen. These police actions were in direct violation of the crowd-control policy that Oakland adopted as part of the settlement in two previous consolidated cases before this Court, Local 10, International Longshoreman and Warehouse
Union v. City of Oakland, No.C03-2961 TEH (hereinafter Local 10. ) and Coles v. City of Oakland, No. C03-2961 (TEH) (hereinafter Coles). This policy remains in effect and the Local 10 settlement obliges Oakland to follow it.
2. As a result of this violence, Plaintiffs fear that if they engage in peaceful expressive activity during future demonstrations they will be seriously injured, in violation of their First Amendment rights to assemble and protest and their Fourth and Fourteenth Amendment rights to be free from excessive force. They are therefore asking this Court for a temporary restraining order and further injunctive relief to prohibit Defendants and all of Civil Procedure 65(d)(2), from violating these constitutional rights during future protests. Specifically, plaintiffs are requesting that the Oakland Police Department and its agents be enjoined from violating the Crowd Control Policy (“the Policy”) that it adopted as part of the settlement in Local 10 and Coles.
Full complaint below…