Minnesota
Minneapolis settles with 12 hurt in George Floyd protests
MINNEAPOLIS (AP) — The city of Minneapolis has reached a $600,000 settlement with 12 protesters who were injured during demonstrations after the May 2020 police killing of George Floyd, the American Civil Liberties Union announced Wednesday.
The agreement, which also includes numerous reforms, was accepted the same day by a federal judge, making it official after the city approved it in October.
The settlement includes an injunction that bars the city from arresting, threatening to arrest or using physical force — including chemical sprays, flash bang or concussion grenades and foam tipped bullets — against people who are engaging in lawful protests. It also limits officers’ use of chemical agents to disperse peaceful demonstrators. And it requires that officers have their body cameras recording and unobstructed while at protests, according to the ACLU.
The money will be split among the plaintiffs.
Floyd, a Black man, was killed on May 25, 2020, when then-Officer Derek Chauvin, who is white, knelt on his neck for 9 1/2 minutes during an arrest. Video of the restraint was recorded by a bystander and viewed around the world, sparking global protests as part of a broader reckoning over racial injustice.
In Minnesota, the protests lasted for days. While most demonstrators were peaceful, some damaged buildings and set fires, even burning a police station.
Two lawsuits filed in 2020 and later consolidated accused Minneapolis police of using unnecessary and excessive force against protesters. They alleged that police used tear gas as well as foam and rubber bullets to intimidate them and quash the demonstrations, and also that officers often fired without warning or giving orders to leave.
The plaintiffs’ injuries included bruising from less-lethal munitions, lingering respiratory issues from tear gas and psychological trauma that has chilled their desire to protest in the future, the ACLU said.
“Tear gas, foam bullets and pepper spray became weapons for intimidating and hurting protesters, making it dangerous for people to exercise their First Amendment rights,” ACLU-MN legal director Teresa Nelson said in a statement. “We hope this settlement sends a message to law enforcement across Minnesota that this violation of our constitutional rights will not be tolerated.”
City Attorney Kristyn Anderson said the City Council approved the settlement Oct. 20 and Mayor Jacob Frey approved it six days later. Anderson said her office filed necessary documents and an order reflecting portions of the settlement was made public Wednesday.
New York
Athlete flipped the bird, lost scholarship, now wins appeal
A federal appeals court has reinstated a lawsuit brought by a former University of Connecticut women’s soccer player who lost her scholarship after she gave the middle finger to a television camera as the Huskies celebrated winning a conference championship.
The former student athlete, Noriana Radwan, presented sufficient evidence to go to trial on her claim to have been subjected to harsher punishment than male athletes who violated conduct rules, said a three-judge panel of the 2nd U.S. Circuit Court of Appeals.
The ruling overturns part of a 2020 decision by a lower court judge who tossed Radwan’s suit after deciding she hadn’t proven her treatment was discriminatory. The appeals judges, however, upheld U.S. District Judge Victor Bolden’s dismissal of Radwan’s First Amendment and due process claims.
UConn spokesperson Stephanie Reitz said school officials were disappointed with the decision but confident they will prevail in court.
“To be clear, the appeals court did not find that the plaintiff was treated more harshly than her male peers,” Reitz said in a statement. “The court simply found that she presented sufficient evidence to withstand summary judgment.”
Radwan did not immediately respond to a message seeking comment. Her lawyer, Greg Tarone, said that he would comment on the ruling after he reviewed it, but that he was pleased the case is being returned to the trial court.
The Connecticut attorney general’s office, which represented UConn in the appeal, said it was reviewing the ruling to determine its next move.
Radwan raised her middle finger to an ESPNU camera while celebrating with teammates after the Huskies beat South Florida 3-2 on penalty kicks in the 2014 American Athletic Conference championship game.
Coach Len Tsantiris initially suspended Radwan from the 2014 NCAA Tournament and issued a statement apologizing to the conference, South Florida and those who watched the game on television. Tsantiris retired after the 2017 season.
In her lawsuit, Radwan alleged that after the publicity died down, she was stripped of her scholarship midway through the school year without due process for what the coach described as “serious misconduct.” She eventually transferred to Hofstra.
Greg Tarone, her attorney, argued that although Radwan’s offense was regrettable, it was protected speech that did not rise to the level of “serious misconduct.” He also argued that the punishment was much harsher than what male athletes at the school had received for more serious offenses, including arrests.
Kansas
Providers cautious about doing telemedicine abortions
TOPEKA, Kan. (AP) — Kansas providers might not be ready for months to do telemedicine abortions even though a state-court judge has blocked the state from enforcing its ban on teleconferencing with patients seeking pregnancy-ending medications.
Planned Parenthood Great Plains said Wednesday it is evaluating its options following the order last week from Shawnee County District Judge Teresa Watson. It operates three clinics in Kansas providing abortions.
A spokesperson for Wichita clinic operator Trust Women said it hopes to resume telemedicine abortions but will move slowly. It provided them for a few months in 2018, filing a lawsuit challenging the ban just before it took effect at the start of 2019.
“There is a lot of infrastructure that needs to go into place to make sure it’s the right way to do it,” said Zack Gingrich-Gaylord, the Trust Women spokesperson, citing more staffing as a big need.
Kansas has required doctors to be physically present when a patient takes the first dose of what often is two doses of pregnancy-ending medication.
The Kansas Supreme Court ruled in April 2019 that access to abortion is a “fundamental” right under the state constitution, but Watson refused in July 2019 to block enforcement of the ban while Trust Women’s legal challenge moved forward. The state Court of Appeals overturned that decision in May and ordered Watson to reconsider not blocking the ban’s enforcement.
Kansas voters in August decisively rejected a proposed amendment to the state constitution to declare that it doesn’t grant a right to abortion.
