Case Developments
The case settled out of court.
As part of a settlement agreement the Oakland Police Department (OPD) has agreed to end the use of less lethal weapons against demonstrators.
The suit was brought by 52 participants of a peaceful anti-war protest that occurred on April 7, 2003. Representation of the group included the National Lawyers Guild, the ACLU Foundation of Northern California, and a team of civil rights attorneys. At least 58 people were injured with large wooden bullets, sting ball grenades and shot filled beanbags. The action taken by the OPD was considered one of the most violent responses to protests against the war in Iraq.
Alan Schlosser, Legal Director of the ACLU Foundation of Northern California stated, "By this agreement, Oakland becomes the first city in the nation where demonstrators will not have to incur the risk of serious injury from these weapons as the price of exercising their First Amendment rights to protest and assemble."
Claims for monetary damages are calendared for trial in early 2006.
The case settled out of court.