Dave Lippman sues Miami Police and FBI
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FILES SHOW FBI TARGETED
FREELANCE JOURNALIST COVERING FTAA MEETINGS IN MIAMI
The American Civil Liberties Union Sues the City of Miami Over FTAA Civil Rights Violations
FOR IMMEDIATE RELEASE: Thursday, May 4, 2006
MIAMI -The American Civil
Liberties Union (ACLU), Greater Miami Chapter, filed a lawsuit
today on behalf of freelance journalist David Lippman. Documents
obtained by the ACLU indicate that Lippman was under Federal Bureau
of Investigation (FBI) surveillance for being a "known
protestor w/history" as he traveled from his home in North
Carolina to Miami to cover the Free Trade Area of the Americas
(FTAA) protests.
On November 19, 2003, Lippman's vehicle was searched, seized and
damaged by officers from several law enforcement agencies, without
probable cause. FBI agents recruited the local officers to break
into his vehicle and then, after damaging the vehicle and
disturbing the personal possessions he kept within it, to haul away
the vehicle and his possessions.
The ACLU lawsuit cites violations of Lippman's rights to free
press, speech, and assembly, and his right to be free from
unreasonable searches and seizures. The case also alleges that
Lippman suffered damage to his physical property as well as
emotional and other compensable injuries.
"Spying on Americans who are simply exercising their First
Amendment rights is an unconstitutional action by the FBI, and in
this case, led to violations of the constitutional rights of an
innocent man," said Rosalind Matos, South Florida Staff Counsel for
the ACLU of Florida.
According to the "after-action" report issued by the
Miami Police Department (MPD), the damage to Lippman's vehicle was
caused by officers from Broward Sheriffs Office, an FBI Operational
Support Team (OST) and MPD. Not only was his vehicle damaged, but
as a result of the loss of his vehicle and belongings, Lippman was
unable to report on the protests and file a story as a freelance
journalist.
"The manner in which the officers dealt with Lippman and
his vehicle demonstrates Miami Police Chief Timoney's inability to
have properly trained officers and advise cooperating agencies on
when it is, and is not, appropriate to search and seize
property," said Jeanne Baker, Cooperating Attorney for the
American Civil Liberties Union. "We hope that the
compensation, for the loss of property and rights, that will come
from Mr. Lippman's case will serve as a reminder to police agencies
that violations of civil liberties will not be
tolerated."
Named defendants in the case are: The City of Miami; Broward
Sheriff Kenneth C. Jenne, II; United States FBI; and individual
officers of each agency. The case, David Lippman v. City of
Miami et al, was filed in the United States District Court,
Southern District of Florida by attorneys Rosalind Matos, ACLU
South Florida Staff Counsel and Jeanne Baker, Cooperating Attorney
for the ACLU Foundation of Florida.
David Lippman v. City of Miami et al is the fifth in a
series of lawsuits that the ACLU filed as a result of police
actions at the 2003 FTAA Protests. Previous cases include: Carl
Kesser & Martha Kesser v. City of Miami et al; Delgado
v. Miami-Dade County; Owaki v. City of Miami, et al;
and Lorne Battiste, et al v. Broward County Sheriff Ken Jenne
et al.
Click here to read the Complaint online.
About the ACLU of Florida
The American Civil Liberties Union of Florida is freedom's
watchdog, working daily in the courts, legislatures and communities
to defend individual rights and personal freedoms guaranteed by the
Constitution and the Bill of Rights. For additional information,
visit our Web site at: www.aclufl.org/
Mardh 2007 - The FBI has admitted to examining and perusing the truck with sniffer dogs and explosives detectors and a robot, which turns out to have gotten its tracks tangled in a piece of fabric, rendering it disabled. An agent then had to don a bomb suit and enter the truck to remove the remaining items. No bombs were found, which was nice.
We have been assigned a judge, who is now studying the motions to dismiss. The question of surveilance of the vehicle from North Carolina to Florida has not been addressed except to say that the agents who did it are currently surveilling others and so their names cannot be released. We continue to pursue these pursuers out of curiosity over the constitutional basis of spying on citizens who speak up against spying on citizens. Stay tuned.
Lippman discusses lawsuit on Democracy Now! May 5, 2006.