U.S. District Judge Robert Bryan ruled Sept. 8 in Tacoma that several claims filed by William Hamilton and Larry Mosqueda could proceed after he considered arguments by the city of Olympia to dismiss the case.
The lawsuit also names six police officers and their spouses. The plaintiffs sued separately, but their cases later were joined.
Their attorney, Christopher Taylor, said he assumes the case will be tried. The trial is scheduled to begin Oct. 26.
Taylor said the ruling shows the city is not paying attention to what its constitutional obligations are when responding to protests.
“These are not rogue cops that went a little too far,” he said. “These officers were instructed to do roughly what they did.”
The plaintiffs seek damages to be determined at trial. Each had filed with the city a claim for damages of $2.6 million and sued after the city didn’t respond in the required 60 days. Taylor declined to comment on confidential settlement negotiations.
The attorneys representing the city were unavailable for comment Monday.
Protesters had attempted to block the return of military vehicles and equipment being unloaded at the Port of Olympia en route to Fort Lewis. More than 60 people were arrested during the protests.
Hamilton, a Vietnam War veteran, alleges that three officers pepper-sprayed him even though he was demonstrating in a “safe area” that at least one city employee had designated next to the street Nov. 10.
Hamilton alleged that the next day, two officers struck him with batons and a third hit him with pepper-spray projectiles as he attempted to use the crosswalk at Franklin and Market streets.
Hamilton said he asked to cross the street in a nonthreatening way, but police officers who witnessed the incident said his behavior was confrontational.
Bryan noted in his ruling that the differing versions of events show “the extremely complex and consistent nature of the evidence in this case.”
Mosqueda, a professor at The Evergreen State College, alleged he was hit with pepper spray Nov. 10 during a protest at Fourth Avenue and Plum Street. Mosqueda said he was helping a young woman who had fallen. A police officer on the scene said Mosqueda was on the edge of the road “in a confrontational way” and that he was pepper-sprayed after ignoring several orders to back up. Mosqueda said he was on the sidewalk.
Bryan ruled that there are issues of fact on the question of whether Hamilton was seized and whether the response of officers to Hamilton’s actions was reasonable in both incidents.
The Constitution prohibits unreasonable searches and seizures. Bryan rejected the city’s argument that Hamilton must be arrested to be seized.
Bryan also ruled that the city has not proved that the actions of the police officer and city chilled Hamilton’s right to free speech.
The judge dismissed Mosqueda’s First and Fourth amendment claims against an individual officer because he wasn’t able to identify the officer who sprayed him.
Mosqueda, however, can continue to pursue those claims against the city of Olympia.
Hamilton can continue to pursue his claims against the city and individual officers. He also can continue with claims under state law of battery and negligence.
Christian Hill: 360-754-5427
chill@theolympian.com
