{"id":60493,"date":"2025-03-17T08:21:03","date_gmt":"2025-03-17T13:21:03","guid":{"rendered":"https:\/\/fourthamendment.com\/?p=60493"},"modified":"2025-03-17T08:47:11","modified_gmt":"2025-03-17T13:47:11","slug":"d-d-c-blm-1a-speech-restriction-claim-can-proceed-as-a-class-action","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=60493","title":{"rendered":"D.D.C.: BLM 1A speech restriction claim can proceed as a class action"},"content":{"rendered":"\n<p>A class claim for the June 2020 Lafayette Square BLM protest is certified for the First Amendment speech restriction claims but not the retaliation claims because they do not satisfy commonality under Rule 23(a). Damages claims can be pursued separately. <a href=\"https:\/\/ecf.dcd.uscourts.gov\/cgi-bin\/show_public_doc?2020cv1469-261\">Black Lives Matter D.C. United States<\/a>, 2025 U.S. Dist. LEXIS 47417 (D.D.C. Mar. 14, 2025). <\/p>\n\n\n\n<p>Not calling a paramedic at the scene whose report said defendant wasn\u2019t under the influence wasn\u2019t ineffective assistance of counsel. The paramedic\u2019s testimony was that he got that orally from the defendant, which he had to accept. The trial court at the suppression hearing found the officer credible that defendant was under the influence. In light of that, it was speculative now that the paramedic would have sufficiently contradicted the officer to be more believable. State v. Harris, 2025-Ohio-825 (4th Dist. Mar. 6, 2025).*<\/p>\n\n\n\n<p>After a shooting in Boston, the defendants fled to one defendant\u2019s mother\u2019s place where the other changed clothes. Nexus for a warrant for her apartment was shown. Commonwealth v. Phillips, 2025 Mass. LEXIS 107 (Mar. 13, 2025).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>A class claim for the June 2020 Lafayette Square BLM protest is certified for the First Amendment speech restriction claims but not the retaliation claims because they do not satisfy commonality under Rule 23(a). Damages claims can be pursued separately. &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=60493\">Continue reading <span class=\"meta-nav\">&rarr;<\/span><\/a><\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[52,23,38],"tags":[],"class_list":["post-60493","post","type-post","status-publish","format-standard","hentry","category-excessive-force","category-ineffective-assistance","category-nexus"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/60493","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=60493"}],"version-history":[{"count":2,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/60493\/revisions"}],"predecessor-version":[{"id":60497,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/60493\/revisions\/60497"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=60493"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=60493"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=60493"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}