Lawsuit stemming from Phoenix police actions after Trump appearance goes before judge

A U.S. District Court judge heard arguments Wednesday in a class-action lawsuit filed by the American Civil Liberties Union against the city of Phoenix stemming from police actions against demonstrators after President Donald Trump's visit to the city two years ago.

The judge opted to keep the case under advisement.

The lawsuit, which lists the city of Phoenix, Police Chief Jeri Williams and nine named Phoenix officers as defendants, alleges that the officers violated the rights of thousands of people who were protesting Trump's appearance at the Phoenix Convention Center on Aug. 22, 2017. 

According to the lawsuit, officers fired more than 590 projectiles "indiscriminately" into a crowd that "included children, elderly people, disabled people, and pregnant women."

The ACLU, which is representing activist groups Puente Arizona and Poder in Action and four named residents, is seeking compensation for damages incurred during the rally and for violation of their First Amendment right to free speech.

The lawsuit divides damage subclasses into two categories: those who were affected by the tear gas, pepper spray, pepper bullets, or other chemical agents and those who were subject to physical force by Phoenix police. 

However, during Wednesday's class certification hearing, U.S. District Court Judge John J. Tuchi questioned the parameters of those classes, as well as the plaintiffs' decision to name individual Phoenix officers in the suit. Such a lawsuit could result in specific officers being held liable for actions they didn't take, he said. 

"The key defendant is the city," argued attorney Barrett Litt, representing the plaintiffs.

According to Litt, officers did not warn protesters and bystanders that they were going to begin using weapons such as tear gas. 

The defense, represented by Phoenix attorney David Rosenbaum, argued that although Phoenix police did not verbally advise protesters that they were assembling unlawfully, the first smoke bomb should have served as a warning. 

"The smoke bomb is the announcement, and it works," Rosenbaum told the judge, later calling the argument that police should have made a verbal announcement before firing a "red herring."

Reach J. Edward Moreno at jose.moreno@arizonarepublic.com or follow him on Twitter @edwrdmoreno. 

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