Detroit Will Breathe v. City Of Detroit

484 F. Supp. 3d 511 (2020)

Facts

Protests began in Detroit on May 29, 2020, in response to the death of George Floyd during his arrest by Minneapolis police officers. Daily demonstrations have continued throughout the summer. Ps and 14 individuals have been involved in protest activity in a continuation of the 'Black Lives Matter' movement. Ps allege that from the start, police have responded to peaceful demonstrations with beatings, tear gas, pepper spray, rubber bullets, sound cannons, flash grenades, chokeholds, and mass arrests without probable cause. Ps' motion for a temporary restraining order focuses principally on clashes that occurred between May 29 and June 2, on July 10, and on August 22, 2020. Ps argue that these tactics violate their constitutional rights, including the right to free speech and assembly under the First Amendment and the right to be free from excessive force and arrest without probable cause under the Fourth Amendment. Ps ask this Court to stop D and its agents and employees from using certain tactics against demonstrators and bystanders for fourteen days until the Court is able to decide whether a longer injunction is required.