CLDC files tort claim notice against City of Eugene

On Friday, August 7, Josh Schlossberg and attorney Lauren Regan of the Civil
Liberties Defense Center filed a tort claim notice against the City of Eugene
regarding a March 13, 2009 incident where Schlossberg was falsely arrested,
injured, and jailed by Eugene Police Department Officer Bill Solesbee while
Schlossberg was legally distributing brochures from the edge of a public
sidewalk in front of Umpqua Bank in downtown Eugene. Schlossberg, a local
forest activist, was civilly informing bank customers of the irresponsible
logging and harmful pesticide practices of Umpqua's chairman of the board, Allyn
Ford.

This incident of unlawful police misconduct is another in a growing list of alarming
incidences where EPD officers have violated basic first amendment constitutional
rights of Eugene citizens, while using excessive force, seemingly directed at
chilling free speech in the politically charged, left-leaning city of Eugene.

Schlossberg's lawsuit is based on claims of deprivation of civil rights,
interference with constitutionally protected activities, false arrest and
imprisonment, failure to train and supervise law enforcement, intentional and
negligent infliction of emotional distress, negligence and gross negligence, as well
as claims based upon deprivations of federal and state constitutional rights,
including cruel and unusual punishment. As expected, acting Chief of Police Pete
Kerns once again rubber-stamped the actions of Officer Solesbee by failing to
admonish or correct the flagrant unconstitutional conduct of this police officer.
Schlossberg continues to suffer acute and chronic pain and discomfort from a neck
injury brought on by Solesbee during the arrest.

The charges of "intercepting communications" and "resisting arrest" were dropped
after prosecutors viewed Schlossberg's confiscated digital video footage clearly
showing him legally standing at the edge of a public sidewalk. The tape shows
Officer Solesbee illegally demanding he leave—which Schlossberg is in the process of
doing, while stating to Solesbee that he believes the officer is in error for
forcing him to leave the public sidewalk. Solesbee falsified police reports and
attempted to file unwarranted charges against Schlossberg as a result of this
incident; and the Chief of police has ratified this dishonest conduct once again.

Solesbee's police report claims Schlossberg was "concealing" a videocamera
("intercepting communications"), yet Schlossberg's audio/video footage shows
Solesbee verbally acknowledging being filmed.

Solesbee is shown on the video footage demanding Schlossberg's camera. When
Schlossberg refused to give him the camera (video footage ends here), Solesbee
charged Schlossberg, wrenched his arm behind his back, forced him to the ground
where Schlossberg hit his head, and proceeded to place a knee on Schlossberg's
previously injured neck, while handcuffing and arresting him. Solesbee's police
report states he charged Schlossberg with "resisting arrest" simply because
Schlossberg "tensed" during the arrest. Schlossberg was lodged in solitary
confinement in the Lane County Jail and was refused the right to contact his
attorney until being released from custody later that night.

In July of 2008, Schlossberg filed a citizen complaint against Officer Solesbee
after witnessing a May 30 anti-pesticide demonstration, where Schlossberg maintains
that Solesbee used excessive force while arresting Ian Van Ornum whereby the
officer deliberately slammed Van Ornum's skull into the pavement.

Schlossberg says: "I can't say with absolute certainty that Officer Solesbee
specifically targeted me as retribution for filing a complaint against him last
year, or for my role as an outspoken political organizer, but there's no question in
my mind that Solesbee and other members of the EPD have shown a blatant disregard
for the constitutionally granted, first amendment rights of Eugene citizens, and
that little has been done by the City of Eugene to discourage this disturbing
criminal behavior."

Attorney Lauren Regan added, "We have seen a disturbing trend regarding police
response to activists and their constitutionally protected activities. By utilizing
a militarized presence, heavy-handed tactics, tasers, and unjustifiable arrests
against nonviolent citizens, law enforcement is attempting to scare people into
silence and apathy. This case will determine whether the citizens of Eugene still
have the constitutional right to lawfully convey thoughts and ideas to their fellow
citizens in public forums—a quintessential principle of our democracy."


"Restriction of free thought and free speech is the most dangerous of
all subversions. It is the one un-American act that could most easily
defeat us."
--Justice William O.Douglas

"All tyranny needs to gain a foothold is for people of good
conscience to remain silent."
--Thomas Jefferson