Federal Judge Ann Aiken on Sept. 14 ruled that Eugene Police Chief Chris Skinner is entitled to qualified immunity from a civil lawsuit alleging retaliation for the citywide curfew imposed in May 2020. The judge found that Skinner did not issue any specific orders directing arrests or the use of force against the plaintiffs, and therefore could not be held personally liable.
Background of the curfew
Following the death of George Floyd in Minneapolis, protests erupted in Eugene beginning May 29, 2020. In response, Chief Skinner recommended a citywide curfew on May 31, 2020, which was approved by the court. The curfew was intended to address the “tumultuous” protests and maintain public safety.
Allegations in the lawsuit
The plaintiffs claim that the curfew enforcement was “substantially motivated by a desire to retaliate” against their exercise of constitutionally protected conduct. They also allege that officers used tear gas, 40 mm “sponge” rounds, and made arrests without probable cause, describing the actions as “terrorizing” residents.
Judge’s reasoning
Judge Aiken wrote that it would not have been clear to a reasonable official in Skinner’s position that generalized curfew orders would lead to a First Amendment retaliation claim. Because Skinner “issued no orders specifically concerning the arrest or use of force against any” of the individuals filing the suit, the judge concluded that he is protected by qualified immunity.
Related rulings
Previous rulings in the case have granted summary judgment to individual officers and former Eugene City Manager Sarah Medary. The 9th U.S. Circuit Court of Appeals previously reversed a district court decision that the citywide curfew violated protestors’ First Amendment rights.
Next steps
A settlement conference may be scheduled pending judicial availability, according to online minutes from a status conference held on Sept. 17. The Civil Liberties Defense Center, based in Eugene, is representing the plaintiffs, who are seeking unspecified damages.
Original reporting: Homepage – Lookout Eugene-Springfield — read the source article.
