FOR IMMEDIATE RELEASE: Thursday, June 26, 2003 PRESS CONTACT: Stella Richardson ACLU-NC 415-621-2493/cell phone 415-845-3042 srichardson@aclunc.org Dockworkers, Demonstrators, and Observers File Federal Lawsuit for Injuries Sustained at Anti-War Protest 40 People are Seeking Damages for Police Injuries at Oakland Port Protest OAKLAND -- The Oakland Police Department and the City of Oakland violated the constitutional rights of dozens of demonstrators, dockworkers, legal observers, and others who were injured at a peaceful anti-war demonstration, according to a lawsuit filed today in the U.S. District Court for the Northern District of California. The National Lawyers Guild, the ACLU of Northern California, Local 10, ILWU and a team of prominent civil rights attorneys including John Burris and James Chanin filed the lawsuit. The class action lawsuit, Local 10, ILWU vs. City of Oakland, claims that the plaintiffs’ First Amendment rights to freedom of speech, assembly and association were violated when Oakland police opened fire on a peaceful anti-war protest on April 7, 2003.  At least 40 people, including 9 dockworkers from Local 10, ILWU, were injured with large wooden bullets, sting ball grenades and shot-filled bean bags in the most violent police response in the nation to protests against the war in Iraq. The lawsuit seeks damages for persons who were injured, and an injunction to stop the Oakland Police Department from repeating such practices against demonstrators in the future. “The police fired with bullets that were clearly labeled, ‘Do not fire directly at persons as serious injury or death may result.  Ricochet baton shell approximately 3 meters in front of persons,’” said civil rights attorney James Chanin.  “Numerous photographs taken at the scene show that the officers fired directly at demonstrators, thus, in effect, opting for a deadly force response to a non-violent demonstration. The serious injuries that resulted were clearly foreseeable from this wanton act.” “This was the most outrageous incident of unprovoked mass police violence the National Lawyers Guild has seen in our 20 years of providing legal support to Bay Area demonstrations,” said National Lawyers Guild attorney Rachel Lederman. Willow Rosenthal, one of the plaintiffs in the suit, was preparing to return home from the Oakland Port when police officers opened fire. As she ran away from the police line, she was shot in the back of her calf, causing severe pain, swelling and numbness.  Rosenthal was later diagnosed with a serious hematoma (blood clot), which required surgery and a skin graft. “I never thought I would face personal danger from the police because of my politics,” said Rosenthal.  “But this incident has fundamentally altered that belief.  I still have terrible nightmares about police officers shooting at me.” “The police use of excessive and indiscriminate force against the April 7th protestors not only resulted in serious injuries to peaceful protestors, but it sent a message designed to deter those who would engage in future vigorous demonstrations and pickets in Oakland,” said Alan Schlosser, Legal Director for the ACLU of Northern California.  “This case is important not just to provide a remedy for the 40 plaintiffs whose civil rights were violated, but also to re-establish the constitutional principle that the police cannot choose to impose the price of serious physical injury on persons engaging in nonviolent protest activities.” Robert Reimar, Attorney for Local 10, ILWU said: “Local 10 is outraged by the Oakland Police’s use of excessive force not only against demonstrators but also against observers and bystanders, including many Local 10 members.” Reimar added: “Local 10 is especially angry that nine of our members, none of whom were involved in the demonstration, were actually shot and injured while simply trying to report to their jobs at the Port of Oakland.” “The efforts to reform the Oakland Police Department with the Riders’ case was just the beginning and this provides another opportunity to enhance the quality of policing in this city,” said civil rights attorney John Burris who is representing the dockworkers.  The peaceful demonstration was intended to focus on two shipping companies, American President Lines (APL), which was under contract with the United States military to ship weapons, and Stevedoring Services of America (SSA Marine), which the U.S. government had just granted the contract to operate Iraq’s main port of Umm Qasr. The legal team that is representing the plaintiffs also includes Rob Remar of Leonard, Carder LLP (representing Local 10), and civil rights attorneys Bobbie Stein and Osha Neumann. Copies of the complaint are available online at www.aclunc.org or www.nlg.org Read the 1st Amended Complaint here.