Lippman v. City of Miami et al

Case is settled in mediation.

October 19. 2010: Defendants FBI, City of Miami, and Broward Sheriff's Office have agreed to pay damages and minimal attorney fees. FBI will further provide information on surveillance of Lippman and related matters.

Judge Marra released a decision, to be published shortly, covering several aspects of the case. The judge's decision will stand as case law, albeit at a low court level. It says, more or less, that cops don't have quite the immunity from lawsuits they thought they had. It constricts to some extent the ability of agencies and officers to search vehicles based on "arguable probable cause," meaning that they think there's cause, therefore they go ahead. In practical terms, they have a tendency to search first and worry about the lawsuits later. So how this case will have any effect in future, no one knows.

In the final session held in this case, one of the defendants' attorneys compared the Lippman truck to the Times Square bomber's vehicle. That one, of course, was emitting smoke, and the pobrecito Lippman truck contained merely a hapless sometime radio reporter who didn't know enough to stay away from protestors while covering a demonstration. So it goes.

For th ACLU's analysis of Judge Marra's decision of July 21, 2010, cautioning police about breaking and entering into parked cars, see Court Rejects Generalized 'Safety Concerns' as Justification for Breaking-into & Searching Parked Vehicle. For an expert opinion how this ruling affects the law on bomb-sniffing dogs, see Dog Law Reporter Blog. I kid you not.

(original press release follows)


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.

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 surveillance 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 discussed lawsuit on Democracy Now! May 5, 2006.