Recordpub.com - Kent ordered to pay $130,000 for arrests Lawsuit stems from detained protesters in May 4, 2003 demonstration

By Dave O'Brien

Record-Courier staff writer

The City of Kent has been ordered by to pay $130,000 to 11 people arrested May 4, 2003 during a protest against the Iraq War, based on a federal court's decision that the city violated protesters' rights.

A lawsuit filed on behalf of the protesters by Akron attorneys Bill Whitaker, his daughter Andrea Whitaker and Kent attorney Nancy Grim alleged the city and the Kent Police Department targeted leaders of the anti-war demonstration without regard to whether they violated any laws or city ordinances.

U.S. District Court Judge Christopher Boyko, sitting in U.S. District Court for Northern Ohio in Cleveland, agreed saying no probable cause existed to make the arrests.

Kent city officials confirmed the court-ordered settlement amount of $130,000 but declined further comment. Arizona-based Scottsdale Insurance Company represented the city in the case, but an agent with the firm would not release details of the settlement. It is unclear if the city will appeal the ruling.

On May 4, 2003, hundreds of protestors left Manchester Field at Kent State University and began a march toward East Main Street. Once there, they were ordered to disperse by dozens of police officers who lined the street. Approximately 12 people were then arrested for disorderly conduct after refusing to disperse and marching on a public roadway. Though the protesters also were involved in the annual commemmoration of the May 4, 1970 deaths of four Kent State University students, none were KSU students at the time of their arrests.

Grim said two lawsuits were joined in U.S. District Court -- one filed by Whitaker May 4, 2004 on behalf of Mike Pacifico of Kent and Arthur McKoy of Cleveland and another filed by Grim on behalf of Linda Beeler, Daniel Bell, Don Bryant, Oren Casdi, Brian Fry, Troy Gregorino, Roger Hill, Damon Krane and Quinn O'Malley, all of whom were arrested May 4, 2003.

"(The police) arrested based on their perception that people were leaders, and people who were outspoken and protesting war were the people who got arrested," Grim said.

The disorderly conduct charges against a number of the plaintiffs in the civil suit eventually were dismissed, Grim said. The monetary award, she said, combines compensation, attorney fees, court costs and will result in a payment of approximately $6,000 to each individual plaintiff.

"I certainly hope the city of Kent gives some thought and is more careful in how they react to political gatherings in the future. This was a gross overreaction in 2003," Grim said.

"Kent law enforcement exercised a disheartening abuse of power, particularly for a city remembered as a site of egregious suppression of political demonstration. We are pleased with the outcome of this important lawsuit. We hope the Kent Police Department has learned that the First Amendment does not permit it to arrest people for engaging in legal dissent," plaintiff Troy Gregorino said in a statement released by Bill Whitaker.

Staff writer Matt Fredmonsky contributed to this story.

3.	Posted by averagejoe August 29, 2007
	Geoff, were you at that protest in Kent on May 4 1968? Read the history of what happened not only on campus but what was happening in the city, and potentially our area. The National Guard isn't called in over a peaceful protest. It wasn't then. After what happened in 1968 I would do what I had to do, as the police, to assure that control was maintained. Most citizens would do the same and expect our police to protect us. If I, as a public law official, even thought things were getting a little out of control, the protest would have to disperse. It is the job of the police to protect the lives of it's local residents including the KSU students and their property first. Don't villify them! Keep it peaceful, keep it on campus where it was suppposed be. No problem. When it begins to spill into our public streets and chaos ensues then there's a problem. At least the lawyers will get a huge payday for themselves.

2.	Posted by geoff varvy August 29, 2007
	I disagree with that last post. The act of protesting is not inherently bad nor is being a protestor from out of town. Civil disobedience is not breaking the law and "disrupting public activity" is just a phrase with negative connotations. The most disruption you're going to have is maybe a little extra traffic. It also seems like any potential harm or stealing of rights is going to come from the arrest-happy Kent police who disregard first amendment rights of peaceful assembly. Remember it was not the protestors firing the shots but those who were put there to maintain order who did the harm. Maybe you can't change the world in a protest, but at least you can shake things up, and **** off a few whining, name-calling, finger-pointing, conservative brainwashed residents.

1.	Posted by kimbakj August 29, 2007
	There ya go "NONE OF THEM WERE KENT STATE STUDENTS"!Just like the people who came into Portage County and went onto KSU property that fateful May 4th.Civil disobedience and breaking the law or disrupting public activity by abusing the law such as these nincompoops who "marched" in 2003 does have consequences.But somehow that got twisted and the law abiding taxpayers of Portage County have to pay these lawn clipping gourmets from out of town and probably from out of state for disrupting public peace!I'm all for peaceful demonstration but I don't STEAL the rights of local citizens or put innocent students in potential harms way by doing so.And if my kid is harmed on campus because of these NON-Citizens of our county or even state and their very disruptive protests...YOU WILL PAY!!! This is such a scam that these wimpering simps call the Kent Police "abuse of power"..they are simply trying to prevent what happened many a May 4th ago because of the "protesters" hijacking public property to spew their crap.Go protest at the public landfills,go protest at the statehouse,Kent State students can't change your world in a protest.But you can change their lives with the potential for violence that you brought into their lives many years ago.Leave them alone and stay away from Kent State!