http://www.sptimes.com/2004/08/05/State/Officials_ask_judge_t.shtml
Officials ask judge to dismiss protesters' lawsuit By Associated Press Published August 5, 2004
MIAMI - The federal government, Miami prosecutors and law enforcement officials have asked a judge to throw out a lawsuit by protesters claiming officials organized a punitive, pre-emptive campaign to stifle legal demonstrations during a global trade summit.
Attorney General John Ashcroft, Homeland Security Secretary Tom Ridge, area police, prosecutors and mayors have various arguments for killing the lawsuit, filed in March. The suit claims the region's police agencies violated the constitutional rights of everyone from college students to retired union members during the Free Trade Area of the Americas conference in November.
U.S. District Judge Cecilia Altonaga on Tuesday ordered an Oct. 1 hearing on the dismissal request.
Police agencies developed a secret plan for dealing with a feared influx of anarchists following riots during a World Trade Organization meeting in Seattle. A Miami-Dade County review committee concluded that police trampled civil rights and briefly placed Miami "under martial law" during the FTAA meeting.
In court papers filed since Friday, the government officials and agencies called on Altonaga to dismiss the suit, which seeks damages and an injunction to prevent a recurrence of the police response and prolonged jailings protesters complained about.
The federal defendants maintain protesters have not met the minimum legal requirements to pursue the suit.
Broward County Sheriff Ken Jenne said the essence of the suit is "rhetorical, not legal or factual" and that 40 local, state and federal agencies have been lumped together under broad allegations rather than in legitimate claims.
Miami-Dade State Attorney Katherine Fernandez-Rundle claims immunity for her office's prosecutions and faults "vague and over broad" allegations.
Miami-Dade Mayor Alex Penelas and then-Miami-Dade police Chief Carlos Alvarez, now a candidate to replace Penelas, say they were not properly served with copies of the lawsuit.
"We're confident the heart of the argument will go forward," said Robert Ross of the National Lawyers Guild, a liberal civil liberties group. The protesters are seeking class action status. The lead plaintiff, 71-year-old retired pilot Bentley Killmon, claimed he was handcuffed for hours after he was taken into custody while looking for his bus home to Fort Myers after an AFL-CIO rally.
About 8,000 people joined protests and rallies in downtown Miami over several days. Witnesses said police used rubber bullets, tear gas, Tasers and pepper spray without provocation while making 146 arrests.
Under pressure from a different judge, the city repealed an ordinance enacted before the summit requiring permits for gatherings of more than six people lasting more than 30 minutes.
Three women have sued Miami-Dade County and jail officials in a different case, claiming unnecessary strip searches. [Last modified August 4, 2004, 23:56:21]