Mass Arrests at Protests: Can You Join a Class Action Over Civil Rights Violations?

If you have been subject to a mass arrest at a protest in violation of your civil rights, you may be able to file or join a class action lawsuit against the police department. The Los Angeles civil rights lawyers at The Skapik Law Group can help.

You may be able to join a class action lawsuit when you are one of many who have had your rights violated in the same way. Protesters often hold law enforcement accountable when they take things too far in making mass arrests or using force to disperse a gathering. If you win your case, you may receive financial compensation for the harm that you have endured.

Schedule a free initial consultation with a Los Angeles civil rights attorney at The Skapik Law Group at (909) 398-4404 to discuss your case. Our lawyers are unafraid to take the fight to the police because they too must follow the law.

Class Action Rules May Allow for a Large Lawsuit Against Police

The recent protests in Los Angeles, and the scores of arrests made by the authorities, have called into question the legal rights that protect protesters from unconstitutional government action.  In the past, large groups of protestors have joined together in class action lawsuits, seeking compensation for mass arrests or uses of force that violated their civil rights. If you have been wrongfully arrested at a protest, you may be wondering whether you have the ability to file or join a class action lawsuit.

Class action rules apply to many instances in which a large group of similarly situated plaintiffs has suffered an identical harm. In order to file a class action lawsuit, the following elements must apply:

• The number of class members renders it impracticable to join them in the action
• The class members’ claims share common questions of law or fact
• The claims or defenses of the proposed class representatives are typical of those for the rest of the class, and
• The proposed class representatives will adequately protect the interests of the entire class

To that end, it would be theoretically possible to join a class action lawsuit that was filed over mass arrests. The word “mass”  implies that the police detained many people at a single protest.

When the police have arrested a large amount of protesters, they would be suffering a similar harm. The common legal issue would be whether their civil rights have been violated by the arrest. Specifically, mass arrests may violate a protester’s First Amendment right to free assembly. Depending on the number of protesters who were arrested, the number could be so large that it would not be practical for them to file individual lawsuits.

Many Protestors Have Sued Police Departments

There have been numerous instances of protestors filing class action lawsuits in the wake of mass arrests at a protest. These lawsuits have achieved some measure of success in the past. For example, the New York Police Department paid $13 million to settle a class action lawsuit filed by protestors who were wrongfully arrested or subject to the use of force following the murder of George Floyd. This case was not the first time that the NYPD has had to pay class action settlements for wrongful mass arrests. Protestors filed a similar lawsuit against the Los Angeles Police Department in the wake of these protests.

Remember that you have the right to peacefully protest, so long as you are not breaking the law. It may very well be the police who were the one who broke the law when they wrongfully arrested you. Even if you were not arrested, you may still be entitled to financial compensation if you were subject to police brutality at a protest.

If there is an outstanding class action lawsuit that has already been filed, you may be able to join it. Additionally, you may be able to file and start a class action case of your own to seek compensation. If you are successful, you may be entitled to a proportionate share of any settlement or award.  However, filing a class action lawsuit means that you are taking on the authorities. They must still follow the law, and they would be obligated to pay you if a court found that they had violated your civil rights.

Contact a Los Angeles County Civil Rights Lawyer Today

Speak to the Los Angeles County civil rights lawyers at The Skapik Law Group when you want to get justice for police misconduct. You can schedule a free initial consultation with an attorney by filling out an online contact form or by calling us today at (909) 398-4404.