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Appel et al., v. SLPD

Rory Ellinger, Sheila Greenbaum, Bill Quick and Gary Sarachan

On May 13, 2005, we filed a civil rights lawsuit in federal court on behalf of protesters who were targeted by police just prior to their scheduled protest of the World Agricultural Forum meetings in May 2003. In the week leading up to the protest, police had the home shared by a number of the protesters under overt surveillance and trailed individuals as they left the house. Two days before the planned protest, police conducted a warrantless raid of the house on the guise of pursuing housing ordinance violations. Police arrested those in the house on the housing violations, inappropriately searched the female residents, and conducted an extensive search of the home, including downloading information from files on computers in the house. Police also confiscated numerous items of person property, including personal address books, diaries, and journals, as well as bicycles (the only mode of transportation for many protesters), signs and items the individuals had made for the protest. We believe the scheduled raids were intended to chill the free speech activities of the protesters. In December 2005, the court denied most of the defendants’ motion to dismiss.

UPDATE

On August 15, 2007, the district court ruled on the last major motion for summary judgment that, if granted, would have denied our clients relief without the benefit of a jury trial. The court largely denied the motion, and our case will now proceed to an October trial on the most important issues raised by the complaint, including the claim that the Defendants violated the First Amendment. The Plaintiffs in this case have always insisted they want one thing: Their day in court. It now appears they will get it.

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