Federal lawsuit filed against Akron by people arrested during protests last summer

A federal civil rights lawsuit has been filed against Akron, city leaders and numerous officers by 24 people who were arrested last July during protests of Jayland Walker’s shooting.

Among the plaintiffs are four high-profile community activists, including Jacob Blake Sr. and Bianca Austin, and Javonna Beasley, the sister of Jaymeisha Beasley, Jayland Walker’s fiancée.

The lawsuit claims the city unlawfully arrested people who were expressing themselves or just in the wrong place at the wrong time and prosecuted them in cases that dragged on for months. All 24 of their cases ultimately were dismissed or resulted in not-guilty verdicts by a jury or judge.

“The city needs to look at how it’s treating First Amendment-protected protesters,” said Elizabeth Bonham, one of the Cleveland attorneys representing the people arrested in the protests. “It cannot be censoring people. It cannot be attacking people. It cannot be prosecuting people.”

City spokeswoman Stephanie Marsh declined to comment on the lawsuit, saying the city doesn’t discuss pending litigation.

Protests follow Walker's shooting and grand jury decision

Walker was shot 46 times by eight Akron officers on June 27, 2022, after fleeing from police first by car and then on foot. He was unarmed, though he fired a gun outside of his window while fleeing from police and the officers later said they thought he might still have a weapon. A gun was found on the seat of his car after the shooting.

After the city released body-worn camera footage of Walker’s shooting, people gathered in downtown Akron several times to protest. More than 50 people were arrested over the Fourth of July weekend, with police deploying tear gas and paper spray to disperse the crowds. Several downtown businesses were damaged and fires were started.

A special grand jury in Summit County Common Pleas Court decided April 17 against indicting the Akron officers who shot Walker. This led to additional protests, though they weren’t as large as the demonstrations last summer and didn’t result in as many arrests.

Lawsuit names mayor, chief and officers

The people who are suing were arrested between July 3 and 7.

The suit, filed in U.S. District Court in Akron, names the city, Mayor Dan Horrigan, Chief Steve Mylett, 17 police supervisors, numerous Akron officers and detectives, as well as three University of Akron officers and one Summit County Sheriff’s deputy who assisted Akron police with responding to the protests.

The claims in the suit include excessive force, false arrest and imprisonment, malicious prosecution, supervisory liability, assault and battery, abuse of process and breach of duty.

More: Dozens of criminal cases still pending against Jayland Walker shooting death protesters

The lawsuit seeks compensatory and punitive damages, attorney fees and costs, as well as injunctive relief against the city for its “unlawful policies and training for the Akron Police Department.”

Bonham said the suit doesn’t seek a particular dollar amount.

“This violation of people’s rights are just not quantifiable,” she said. “A jury needs to make that call.”

Bonham said all 24 of her clients had their cases dismissed or were acquitted, but their cases were pending for months or, for a few, for nearly a year. She said many of them had to miss work and go to court for repeated court appearances.

“People should not have to suffer,” Bonham said. “They should be celebrated and protected by their government for sharing their voices.”

Most of the protesters were from Northeast Ohio, though a few national activists traveled to Akron to lend their support to the dissent.

This included Blake and Austin, the co-founders of Families United Against Police Brutality.

Blake’s son was paralyzed in a police shooting in Wisconsin. Austin is the aunt of Breonna Taylor, who was shot and killed in March 2020 in a botched police raid in Louisville, Kentucky.

Blake had a jury trial that ended with a mistrial, with jurors deadlocked. Prosecutors decided against trying him again and dismissed his charges.

Austin’s case also was dismissed.

This is third lawsuit filed against the city related to Walker’s shooting and subsequent protests

Walker’s family filed a lawsuit last week against the city, the officers who shot Walker and several other officers and public officials.

The family alleged excessive force and said they are seeking at least $45 million in damages, which they attorneys said roughly $1 million for each bullet that struck Walker.

The Akron Bail Fund filed a lawsuit in April that claimed the city used tear gas, pepper spray and other types of force against non-violent protesters during a protest on April 19 in the Copley Road area.

As part of the lawsuit, Akron and the Bail Fund reached an agreement that the city wouldn’t use methods like tear gas against peaceful protesters.

More: APD video shows Jayland Walker protesters throwing items before officers used chemicals

The lawsuit, which also seeks an injunction prohibiting the city from taking actions that impede protesters’ rights to express themselves, is still pending.

Stephanie Warsmith can be reached at swarsmith@thebeaconjournal.com, 330-996-3705 and on Twitter: @swarsmithabj.

This article originally appeared on Akron Beacon Journal: 24 people arrested during Jayland Walker protests sue Akron and police