Judge dismisses Detroit city's claims that activists conspired to obstruct police

DETROIT - A judge on Wednesday dismissed claims by Detroit that activists who regularly protested after the death of George Floyd had conspired to commit disorderly conduct and obstruct police officers.

A federal judge said the city offered no evidence of a conspiracy to commit illegal acts by members of Detroit Will Breathe

The city offered no evidence of a conspiracy to commit illegal acts by members of Detroit Will Breathe, U.S. District Judge Laurie Michelson said.

Members of the group may have used "occasional strident and passionate language" in organizing protests, the judge said, but Detroit’s claims fall short of meeting the elements of a civil conspiracy.

Protests against excessive force by police occurred regularly in Detroit after Floyd’s death in Minneapolis. The city did not experience the violence and property damage seen in other U.S. cities, but protesters said police used tear gas, pepper spray, chokeholds and rubber bullets against them.

In response to a lawsuit, Michelson in September put limits on how Detroit police could respond to peaceful protests.

The city then filed a counterclaim against Detroit Will Breathe, alleging a conspiracy to obstruct police and other acts.

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At the request of the city attorney, the Detroit City Council in January voted to spend $200,000 for the legal fight. The American Civil Liberties Union of Michigan said the city was trying to gag free speech.

"It is now clear that the counterclaim served little legal purpose, apart from giving the city an excuse to make statements smearing racial justice movements," Detroit Will Breathe said Wednesday.