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Press Releases
R2K LEGAL COLLECTIVE PRESS RELEASE
FOR IMMEDIATE RELEASE: July 26, 2001
CONTACT: Kris Hermes, R2K Legal Collective (215) 925-6791,
Lawrence Krasner, R2K Lawyer (215) 731-9500,
David Rudovsky, R2K Lawyer (215) 925-4400
http://www.r2klegal.org
TWO RNC DEFENDANTS FILE CIVIL SUITS -- CHARGING THE CITY OF PHILADELPHIA WITH
UNLAWFUL ARREST AND MALICIOUS PROSECUTION
Terrence McGuckin, a Philadelphia activist, was acquitted of all charges at
trial and John Sellers of the California-based Ruckus Society had his case
withdrawn just prior to trial. Both plaintiffs were accused of being
protest "ringleaders."
(Philadelphia, PA) Nearly one year after the mass arrests made at the
Republican National Convention (RNC), two ex-defendants are filing civil
suits in federal court against the city of Philadelphia today. Terrence
McGuckin, a local activist working on criminal justice and AIDS issues, and
John Sellers, Director of the California-based Ruckus Society, both accused
of being protest "ringleaders" are separately claiming that the city
engaged in their Unlawful Arrest and Malicious Prosecution. McGuckin was
acquitted of all charges in Spring 2001 and Sellers had his case withdrawn
minutes prior to his trial in Fall 2000.
Civil Rights Attorney David Rudovsky is filing on behalf of McGuckin who is
seeking to vindicate his rights protected under the First, Fourth, Eighth,
and Fourteenth Amendments. The defendants listed in McGuckin's civil suit
complaint include the City of Philadelphia and different police department
officials.
The original charges against McGuckin were based on allegations that he was
a protest "ringleader" and asserting that he was somehow responsible for
mayhem, destruction of property, traffic hazards, and violence to police
during the Convention. The lawsuit contends that this false information was
transmitted with the knowledge that it would be used to secure high bail
and detain the plaintiff for the duration of the Convention. McGuckin was
originally held on $500,000 bail. Defendants in McGuckin's civil suit are
also accused of harm and injury to the plaintiff by publicizing his arrest
and high bail on the Philadelphia Police Department website.
Sellers is being represented by Lawrence Krasner and is filing on similar
claims, yet is also naming Philadelphia Police Commissioner John Timoney as
a defendant. As with McGuckin, Sellers is filing for both damages and
injunctive relief. The civil suit complaint filed on behalf of Sellers
states that the Philadelphia District Attorney pushed for excessive bail
against those that were arrested. In addition, the complaint states that
people perceived as potential leaders of protest activity were surveilled
and targeted for arrest whether or not their conduct was illegal during the
Convention.
Without probable cause, Sellers was picked up on August 2, 2000, slapped
with multiple misdemeanors and held on $1 million bail. A claim of
defamation is included in Sellers. complaint pointing to defendant
Commissioner Timoney's public statements that the plaintiff and his actions
were criminal and violent -- portraying him as a "master of mayhem." Sellers
information was also posted to the police website.
The suits being filed by McGuckin and Sellers are merely an example of how
people's civil rights were violated at last year's RNC protests. Hundreds
of activists that were in Philadelphia to voice outrage on issues such as
the criminal "justice" system -- the death penalty, police violence, class
warfare -- and corporate domination of politics and the global economy were
arrested, overcharged, and excessively prosecuted.
Now that well over 95% of the cases against people arrested last summer
have been thrown out, it is clear that the city known as the "cradle of
liberty" was way out of line in dealing with free speech and dissent. While
some whose rights were violated are now filing suit, a handful still
languish in the courts. The DA's intentions smack of political motivation,
covering for their actions to protect the speech of Republicans while
denying the speech of others. A full year later, nine defendants are still
being prosecuted who have yet to go to trial. To add insult to injury,
eight of these nine remaining cases are still in the courts due to appeals
by the DA.
"These suits are a reflection of how the City of Philadelphia did wrong and
should own up to it," said Lawrence Krasner. "Having lost over and over
again in the criminal proceedings, it's time for the city to stop using the
protesters as a political football to promote its own political agenda at
the expense of all our rights."
The civil suit complaints will be available for review later today and can
be found on the website listed above.
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