Detroit Will Breathe v. City of Detroit
United States District Court for the Eastern District of Michigan
484 F. Supp. 3d 511 (2020)
In 2020, George Floyd died while being arrested by Minneapolis police. Demonstrators in Detroit protested Floyd’s death on a daily basis throughout the summer of that year. Detroit Will Breathe and 14 individual protestors (collectively, Breathe) (plaintiffs) sued the City of Detroit (city) (defendant) in federal district court. Breathe alleged that the city, and specifically the city’s police department and officers, used excessive force and violated the protestors’ First and Fourth Amendment rights by, among other things, using chemical agents, rubber bullets, sound cannons, and striking weapons against peaceful protestors and by arresting protestors en masse without probable cause. Breathe asked the district court to enter a temporary restraining order (TRO) prohibiting the city from using certain tactics against peaceful protestors and from arresting protestors en masse for 14 days, until the court could decide whether a longer injunction was necessary.
Rule of Law
Holding and Reasoning (Michelson, J.)
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