On August 18, 2014, an individual who had been ordered to refrain from standing for more than five seconds on public sidewalks in the City of Ferguson or face arrest, filed this lawsuit in the U.S. District Court for the Eastern District of Missouri. The suit was filed against the County of St ...
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On August 18, 2014, an individual who had been ordered to refrain from standing for more than five seconds on public sidewalks in the City of Ferguson or face arrest, filed this lawsuit in the U.S. District Court for the Eastern District of Missouri. The suit was filed against the County of St. Louis under 42 U.S.C. § 1983 and sought injunctive and declaratory relief, in addition to nominal damages and attorneys' fees. The plaintiff's claims arose from allegations that the County of St. Louis, and various law enforcement agencies involved in the protests arising from the death of Michael Brown in Ferguson, Missouri, instituted a policy of prohibiting individuals from standing on public sidewalks for more than five seconds under threat of arrest in violation of the First Amendment and Due Process Clause of the United States Constitution.
On October 6, 2014, the District Court (Judge Catherine D. Perry) entered a preliminary injunction in favor of the plaintiff on the basis that the defendant's policy of requiring peaceful protestors to walk, rather than stand still, violates the Constitution and that defendant would likely continue to apply the policy without such an injunction. 52 F.Supp.3d 936. Specifically, the preliminary injunction barred defendants from enforcing or threatening to enforce a policy or practice of arresting individuals who are peaceably standing or assembling on the public sidewalks and otherwise complying with all laws.
On November 4, 2014, the plaintiff filed an amended complaint with the defendants' consent, adding three additional plaintiffs and the City of Ferguson as a defendant.
On December 22, 2014, upon the joint motion of the parties, Judge Perry entered an order permanently enjoining the defendants from enforcing or threatening to enforce any rule, policy, or practice granting law enforcement officers the authority to arrest, threaten to arrest, or order to move individuals violating no statute, ordinance, or regulation and who are peaceably standing, marching, or assembling on public sidewalks in Ferguson. Judge Perry awarded the plaintiffs attorneys' fees and costs in the amount of $153,767 on September 24, 2015. 2015 WL 5638064.
The case is now closed.
Brendan Brown - 10/10/2014
Sarah McDonald - 08/19/2018
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