In 2016, DeRay McKesson organized a protest in Baton Rouge, Louisiana after the death of Alton Sterling, a 37-year-old Black man who was shot and killed by officers within the Baton Rouge Police Department.
What We Know:
- During the protest organized by Mckesson, protestors took to the streets of Baton Rouge to mourn and use their voices for change.
- According to the Supreme Court documents in the case of DeRay Mckesson v. John Doe, protesters allegedly occupied the highway in front of the police headquarters. As officers were making arrests, an unknown protestor threw a “piece of concrete or a similar rock-like object,” striking respondent Officer Doe in the face.
- Officer Doe suffered the loss of his teeth and brain trauma. He believes these injuries inflicted on him while in the line of duty were due to McKesson’s neglect.
- Mckesson argued that due to the First Amendment he was well within his limits for organizing the protest, and should not be held personally responsible for unintended violence.
- The District Court agreed with McKesson and dismissed the claims of negligence but the U.S. Court of Appeals for the Fifth Circuit reversed the decision because they felt as if McKesson could be held responsible due to him organizing the protest on a highway.
- In a 7-1 decision, the Supreme court said the appeals court should have considered Louisiana state law before allowing the First Amendment defense.
The Supreme Court ordered the appeals court to rehear the case to decide if the case involving Mckesson and Officer Doe should proceed.
