DETROIT — A federal judge has ruled that the Detroit Police Department cannot use batons, tear gas, rubber bullets and other tactics against protesters for the next two weeks.
Judge Laurie J. Michelson of the U.S. District Court in Detroit issued the ruling Friday night granting a temporary restraining order against the City of Detroit and the Detroit Police Department (DPD) on behalf of Detroit Will Breathe, an activist group that has been protesting police brutality toward Black individuals.
According to the order, DPD cannot use “certain tactics, including the use of striking weapons, chemical agents and rubber bullets against demonstrators, medical support personnel and legal observers.” The order also says police cannot use a chokehold, tighten zip ties or handcuffs to the point that they cause physical injury, or arrest any demonstrators without probable cause.
Detroit Will Breathe, as well as 14 other plaintiffs, argue that DPD’s violent tactics violate their constitutional rights to free speech and assembly under the First Amendment and the right to be free from excessive force and arrest without probable cause under the Fourth Amendment.
“The court recognizes that police officers are often faced with dangerous and rapidly evolving situations while trying to enforce the law and maintain the safety of the public. And it is important that police officers have non-lethal options to use to protect themselves and the public when necessary,” the motion says. “But the relief that plaintiffs request leaves open all lawful options for police to use reasonable force when necessary to defend against a threat and to make arrests when supported by probable cause.”
While there have been a number of incidents, the order focuses on clashes that occurred between May 29 and June 2, on July 10 and on Aug. 22. The ruling says there is a verified complaint and a number of affidavits for the Aug. 22 incident, in which DPD beat protesters with batons, sprayed them with pepper spray, fired tear gas and rubber bullets at them and rammed them with a police car.
The order references a number of videos from the Aug. 22 protest, which appear to show officers throw tear gas into a crowd and grab, shove and use batons to beat people standing at the front of the group. Other videos show officers chasing people who are “running or walking away from the chaos, apparently not posing any threat, and violently shoving them into the ground or a building.”
According to a scheduling order, the City of Detroit and DPD must respond by Sept. 18, and pre-hearing meetings will follow a few days after.
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