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The Detroit Police Department and the city of Detroit have filed a lawsuit against Detroit Will Breathe, a social justice umbrella organization involved in the protests that occurred throughout the summer. The lawsuit claims that the organization conspired to incite riots and commit violence against officers, sourcing instances from the protests and riots that followed the death of George Floyd in police custody.
Violence During Detroit Protests
During the height of the protests, several officers sustained injuries. The lawsuit reports that protesters threw rocks and missiles at officers, one individual smashing the window of a police car, and another headbutting an officer.
The lawsuit also alleges a conspiracy that was encouraged by Detroit Will Breathe’s social media presence. One tweet from the organization urged people to protest after the death of another African American man in police custody in July. An Instagram post criticized City Council when they refused to pass a resolution that supports protesters. Detroit Will Breathe also demanded that the Detroit chief of police be fired and posted those wishes on various social media platforms.
Detroit PD Lawsuit
Detroit’s legal action is a countersuit to a lawsuit Detroit Will Breathe filed against the city in August. This suit claimed the police department responded to protests with unnecessary violence.
Civil rights groups have criticized the police department’s lawsuit as an infringement on the First Amendment rights to free speech, assembly, and protest. Representative Rashida Tlaib, who serves Detroit and the surrounding area, supported this stance, referring to the lawsuit as an “assault on constitutional rights.”
The National Police Association (NPA) and other notable law enforcement groups, however, supported the officers’ lawsuit, stating that this is the best way to hold rioters accountable.
National Police Association attorney Jim Bopp said rioters used the First Amendment as a justification to commit acts of violence. In an interview with the Washington Times, Bopp stated, “I’ve argued for 45 years for a very vigorous application of the First Amendment, but this is a perversion of the First Amendment, converting it into a shield for lawless and violent activity. The First Amendment is being exploited by the left to protect their organized criminal activity.”
Bopp went on to say that the National Police Association expects left-leaning prosecutors to drop the charges protesters face for assaulting officers. This lawsuit aims to hold rioters accountable when the court system doesn’t follow through. Bopp explains, “The normal protections of the criminal law in some of these cities are breaking down. This is becoming a real problem and, to bring this back under control, a more vigorous effort by police is needed to redress the injuries the police have suffered.”
Civil Rights Groups Respond
Detroit Will Breathe reached out to a federal judge, asking them to dismiss Detroit’s lawsuit. The civil rights organization described the suit as a “frivolous and transparent attempt to silence plaintiffs in the courtroom.” Other organizations, including the American Civil Liberties Union, have shown their support for Detroit Will Breathe.
The outcome of these lawsuits will likely depend on the court’s interpretation of the First Amendment. Detroit Will Breathe claims that their statements are protected under the amendment, but police organizations argue that the group intentionally encouraged violence and rioting. Although the protests are no longer at their peak, the legal proceedings may continue for a while.
About the National Police Association
The National Police Association utilizes a dynamic combination of education, assertive legal filings, in-depth investigations, and clear communications to advance a mission of combating the influence of anti-police activists and helping to hold them accountable. We use the law as a method to highlight abuses by antipolice elected officials, change behavior, and seek corrective action. In addition, we promote policies that encourage public officials to work with the police in the public interest, not for the benefit of powerful special interests.
