65 Native Americans win ruling (Onondaga)

[struggle4progress]

Suit against troopers can proceed, but claims against deputies are dismissed.
Thursday, March 31, 2005
By John O'Brien
Staff writer

About 65 Native Americans can proceed with their brutality and free-speech lawsuit against state troopers over the officers' breaking up of a protest along Interstate 81 eight years ago, a federal judge has ruled.

U.S. District Judge Frederick Scullin said in a decision this week there were enough questions of fact for a jury to decide the protesters' claims that the troopers used excessive force and violated the protesters' First Amendment rights to freedom of speech and assembly.

Scullin dismissed claims against the Onondaga County Sheriff's Office. The protesters said in the lawsuit that sheriff's deputies conspired with troopers to violate the protesters' civil rights.

In their lawsuit against 116 state police officials, the protesters say the force police used to break up the demonstration in May 1997 in the Onondaga Nation was excessive. About a dozen of the protesters say the police used excessive force. The other plaintiffs contend the officers violated their right to free speech and assembly. <snip>

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