A bunch of “Free Karen Read” protesters who sued Canton Police after the demonstrators had been warned they might be arrested for witness intimidation have had their lawsuit enchantment tossed by a federal court docket.
The backers of Learn — who’s charged with the homicide of her boyfriend John O’Keefe and different fees — had filed a First Modification lawsuit in opposition to Canton police and city officers over the enforcement of Massachusetts witness intimidation statutes.
Earlier than the beginning of Learn’s first trial that resulted in a mistrial, the protesters gathered throughout the road from witness Chris Albert’s enterprise. In the meantime, Canton cops drove by a number of occasions earlier than telling the demonstrators that if Selectman Albert may see the protest, they might be arrested for witness intimidation.
Two days later, the protesters introduced the lawsuit in opposition to Canton police and city officers.
“The complaint alleged that the appellants feared prosecution for their actions during a November 5, 2023 protest and that their speech would be chilled as to a planned protest to take place on November 12, 2023,” the U.S. Courtroom of Appeals for the First Circuit wrote in its ruling this week.
Then a day after the protesters filed the lawsuit, they moved for emergency reduction, asking that the “defendants’ unconstitutional acts… be immediately enjoined by temporary restraining order, to be converted to a preliminary injunction.”
The Canton police and city officers opposed the movement, and the district court docket ended up denying the protesters’ movement.
Then the protesters introduced their lawsuit to federal appeals court docket.
“Appellants took this appeal on December 10, 2023 from the denial of their emergency motion,” the federal appeals court docket wrote. “We dismiss this appeal, which concerns only the denial of emergency relief, as moot.”
“We remand to the district court for such further proceedings as are appropriate, noting that the case before the district court has not been dismissed and that no discovery has yet taken place,” the federal appeals court docket added.
This go well with revolves across the Learn saga, which entails the dying of O’Keefe, who was a Boston police officer. Protesters have been alleging police corruption and a cover-up within the case.
Learn has been charged with the homicide of O’Keefe, vehicular manslaughter, and leaving the scene of private damage or dying. Her protection attorneys have claimed that there was a third-party killer, and that she’s being framed.
Throughout Learn’s first trial, Chris Albert together with different witnesses testified. Albert is a Canton selectman, and his brother is Brian Albert — who on the time of O’Keefe’s dying owned 34 Fairview Street, the place O’Keefe was discovered. The opposite Albert brother is Kevin, a Canton police detective who was not too long ago disciplined following an investigation into misconduct allegations.
The demonstrators earlier than the trial gathered throughout the road from Chris Albert’s enterprise, D&E Pizza, to “protest against what appeared to be perjury to them,” in response to the protesters’ federal court docket criticism.
Because the protesters urged Chris Albert to “speak the truth, and to not bow to pressure to lie,” 4 Canton cops drove by them a number of occasions.
The cops then “stopped and informed the protestors that they were not permitted to protest there, because if the protest could be seen by Chris Albert, they would deem it to be ‘witness intimidation’ and (appellants) would be arrested.”
After the district court docket ended up denying the protesters’ emergency reduction movement, three demonstrators had been charged with witness intimidation violations by Canton police. Then final month, these fees had been dismissed by the state court docket for lack of possible trigger.
“In light of intervening events, this court on August 7, 2024 ordered the parties to address in filings the issue of whether this appeal was moot,” the federal appeals court docket wrote, ruling, “This appeal from the denial of the motion for emergency relief is dismissed as moot.”
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