Excessive Force Used Against BLM in Fredericksburg: Lawsuit Says

FREDERICKSBURG, VA — A lawsuit against the City of Fredericksburg has been filed on behalf of Black Lives Matter demonstrators claiming the Fredericksburg and Stafford police departments violated the constitutional rights of protesters by using tear gas, pepper spray, and rubber bullets to disperse demonstrators last year.

The lawsuit, which was filed on Feb. 4 by Relman Colfax PLLC and civil rights lawyer Tara Murray, said the use of force against protesters during last summer's demonstrations was unconstitutional because it suppressed their freedom of speech. In a press release, the protesters' lawyers explained their reasoning for filing the lawsuit.

"Although the City of Fredericksburg subsequently admitted that the protests were peaceful, on at least three occasions spanning a two-day time period from May 31 to June 1, 2020, the City of Fredericksburg and Stafford County ordered law enforcement officers to deploy harmful chemical agents and military-style force to disperse demonstrations," the press release said.

The Fredericksburg Police Department did not immediately respond to Patch's requests for comment.

The protests in Fredericksburg were part of a nationwide movement against police brutality and systemic racism after the death of George Floyd in police custody in Minnesota.

"Plaintiffs were peacefully speaking out against racial injustice and police brutality," said Soohyun Choi, attorney at Relman Colfax. "Yet, at the direction of local government, police officers indiscriminately and repeatedly attacked plaintiffs with dangerous chemical weapons, to stop them from voicing their criticisms of the police."

"If there’s no accountability for this kind of police violence, we can expect it to repeat — and to spread," said Murray, an attorney representing the protesters. "Fredericksburg and Stafford police officers had no business shooting tear gas and rubber bullets at citizens exercising their constitutional right to peaceful protest."

The lawsuit also alleges that the City of Fredericksburg's Manager, Timothy Baroody, issued an unlawful curfew during the protests. "The defendants’ unlawful conduct had the purpose and effect of retaliating against and ultimately chilling Plaintiffs’ constitutionally protected speech," according to the lawsuit.

"We’re seeking to hold the municipalities, government officials, and police officers accountable for their excessive use of force and suppression of First Amendment rights,” said Soohyun Choi in a press release.

The complaint can be read in its entirety online.

Have a story idea? Please contact me at liam.griffin@patch.com with any pitches, tips or questions.