Court: Police Not Entitled To Immunity

Associated Press

The 10th U.S. Circuit Court of Appeals in Denver has upheld a lower court's ruling that Albuquerque police officers are not entitled to qualified immunity on claims they retaliated against protesters at an anti-war rally.
More than a dozen people who participated in the University of New Mexico campus rally in March 2003 sued the city of Albuquerque, Mayor Martin Chávez and several Albuquerque police officers, claiming their First Amendment rights to freedom of expression and assembly were violated.
The protest drew between 500 and 1,000 people, who spilled onto city sidewalks and the crosswalks of adjacent streets.
The Albuquerque Police Department claimed protesters were blocking traffic and began tossing canisters of tear gas and using pepper spray after protesters failed repeated warnings to clear the streets.
Several protesters were arrested.
A U.S. District Court dismissed most of the plaintiffs' claims against the officers, but analyzed their First Amendment claims of retaliation and determined the officers were not entitled to qualified immunity on the claim.
The court determined there was "no question" that protesting a war is a constitutionally protected activity and the use of tear gas, pepper spray and physical force to disperse plaintiffs and protesters "could have chilled a person of ordinary firmness from continuing to participate in the demonstration."
The officers conceded that the use of tear gas and pepper spray affected certain plaintiffs but said their actions, even "assuming an improper motive," could not have affected plaintiffs who did not witness the officers' actions.
The officers argued on appeal that, because the plaintiffs knew of the officers' aggressive actions at places along the route, "these plaintiffs were thus chilled." The officers contended they were entitled to qualified immunity with respect to those who did not witness or were not affected by their actions.
The appellate court, based in Denver, rejected the officers' arguments because they were not brought before the lower court. City Attorney Bob White said Monday he had not seen the ruling. "We'll have to review the decision and decide how we proceed in the case from here," he said.

Protestor arrested at weapons symposium

Media Credit: Photo by Luis Martin
Robert Anderson, a Central New Mexico Community College professor and local antiwar activist, is arrested by UNM Police officers in the Santa Ana room in the SUB on Friday.

by Maggie Ybarra, Daily Lobo

A protestor was arrested on charges of battery on a police officer at a symposium about nuclear warheads in the SUB on Friday.

Robert Anderson, 62, who is a Central New Mexico Community College professor, former UNM professor and local antiwar activist, pleaded not guilty on Sunday to the charge.

The symposium was held to discuss the future of the U.S. nuclear weapons program and the development of new warheads.

The event was sponsored by Sandia National Laboratories, UNM and Women in International Security.

Anderson told the audience he was protesting the event because it encouraged the creation of nuclear weapons, and the panel members did not represent diverse opinions.

The panel included at least three members of Sandia National Laboratories and a member of the National Nuclear Security Administration.

Members of Stop the War Machine, including Anderson, set up a table with posters and bumper stickers outside the Santa Ana room where the symposium was held.

The group is dedicated to educating the public about the military-industrial complex, according to the group's Web site.

Vera Norwood, dean of the College of Arts and Sciences, said in an interview Sunday that she told the protestors they were allowed to have the table and participate in the symposium. However, they were not allowed to bring signs into the room, she said.

"I told him (Anderson) they were welcome to do whatever they wanted outside the room," she said. "But inside the room, there would be a series of presentations, which a lot of people had come to hear."

About 80 people attended the event.

When the presentation was about to start, Anderson and student Andrew Marcum began shouting questions to the speaker, Norwood said.

The student was holding a sign that read "Educate for peace,

not war."

Norwood told Anderson several times to stop interrupting the presentation, or he would have

to leave.

Protestor arrested at weapons symposium

Media Credit: Photo by Luis Martin
Robert Anderson, a Central New Mexico Community College professor and local antiwar activist, is arrested by UNM Police officers in the Santa Ana room in the SUB on Friday.

by Maggie Ybarra, Daily Lobo

A protestor was arrested on charges of battery on a police officer at a symposium about nuclear warheads in the SUB on Friday.

Robert Anderson, 62, who is a Central New Mexico Community College professor, former UNM professor and local antiwar activist, pleaded not guilty on Sunday to the charge.

The symposium was held to discuss the future of the U.S. nuclear weapons program and the development of new warheads.

The event was sponsored by Sandia National Laboratories, UNM and Women in International Security.

Anderson told the audience he was protesting the event because it encouraged the creation of nuclear weapons, and the panel members did not represent diverse opinions.

The panel included at least three members of Sandia National Laboratories and a member of the National Nuclear Security Administration.

Members of Stop the War Machine, including Anderson, set up a table with posters and bumper stickers outside the Santa Ana room where the symposium was held.

The group is dedicated to educating the public about the military-industrial complex, according to the group's Web site.

Vera Norwood, dean of the College of Arts and Sciences, said in an interview Sunday that she told the protestors they were allowed to have the table and participate in the symposium. However, they were not allowed to bring signs into the room, she said.

"I told him (Anderson) they were welcome to do whatever they wanted outside the room," she said. "But inside the room, there would be a series of presentations, which a lot of people had come to hear."

About 80 people attended the event.

When the presentation was about to start, Anderson and student Andrew Marcum began shouting questions to the speaker, Norwood said.

The student was holding a sign that read "Educate for peace,

not war."

Norwood told Anderson several times to stop interrupting the presentation, or he would have

to leave.