Court Revives Lawsuit Against Black Lives Matter Activist DeRay Mckesson Over 2016 Protest Injury
A federal appeals court has ruled that a lawsuit against Black Lives Matter activist DeRay Mckesson can proceed to trial. The decision revives claims from a police officer injured during a 2016 protest in Baton Rouge. Critics warn the ruling could threaten free speech protections for protest organisers.
The case stems from a 2016 demonstration led by Mckesson following the police killing of Alton Sterling. During the protest, an unidentified individual threw an object that struck an officer, causing injuries. Mckesson was not accused of throwing the object or knowing about it in advance.
A three-judge panel in the Fifth Circuit Court of Appeals split 2-1 on the decision. The majority argued the officer deserved a trial to examine whether Mckesson's role in organising the protest constituted negligence. They cited precedent allowing protest leaders to be held liable for foreseeable unlawful acts by others.
The dissenting judge disagreed, stating the ruling endangers First Amendment rights by holding Mckesson responsible for actions he did not commit or condone. Mckesson himself called the lawsuit 'ludicrous' and accused it of aiming to silence protesters through fear.
Previously, a federal court had ruled in Mckesson's favour, with the ACLU hailing it as a 'crucial win for the First Amendment right to protest'. His legal team, still representing him, plans to continue fighting the case.
The officer's attorney has not yet responded to requests for comment.
The decision overturns a 2024 summary judgment in Mckesson's favour and sets a precedent for future cases. It allows the officer's claim to move forward, potentially impacting how protest organisers are held legally accountable. The ACLU and Mckesson's legal team are expected to challenge the ruling in further appeals.
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