November 13, 2017
On September 28, 2017, a Louisiana judge tossed out a lawsuit against Black Lives Matter , stating that the group is a ‘social movement’ that can’t be sued. An anonymous officer who works for the Baton Rouge Police Department claimed that he suffered from serious injuries during 2016 protests in the city, including brain injuries, the loss of teeth and more, after a rock was thrown at him during a civil rights protest. He wanted BLM held responsible for his injuries.
He also named DeRay Mckesson as a party to the lawsuit, alleging that he contributed to the violence at the protests. Three officers were killed in the city during that month while five were killed in Dallas within days. Additional parties named in the complaint were the Black Lives Matter Network and #BlackLivesMatter, the hashtag used to designate the movement.
The judge admitted that separate individuals and groups apart from BLM can be named in lawsuits. He excluded BLM, reasoning that a movement, such as the Tea Party movement, the LGBT movement, the Civil Rights movement and others, cannot be sued. Furthermore, he challenged the naming of a hashtag, which expresses thought, in the lawsuit and added that no hashtags can be sued, criticizing the plaintiff and his attorneys for the inclusion of the hashtag in the lawsuit.
Mr. Mckesson’s legal team expressed their pleasure at the ruling. Mr. Mckesson repeated that he does not condone violence and is sorry that the officer was hurt. However, he agrees with the judge’s decision. On the other hand, the officer countered that he was disturbed by the ruling. He sought to remain anonymous because he feared reprisal after filing the lawsuit.
A second lawsuit is still pending from a different officer before the same judge. This case also names the same defendants, including #BlackLivesMatter.
Determining who can be held responsible in a lawsuit might be difficult as some entities do not involve individuals or groups. A competent legal team can provide you with direction when filing a lawsuit to ensure that you name those who can be held liable.
