Martinez

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

MARQUS MARTINEZ, et al., Case No. 20-cv-04135-VC

Plaintiffs,

ORDER DENYING MOTION FOR

v. PRELIMINARY INJUNCTION

CITY OF SANTA ROSA, et al., Defendants.

During the Black Lives Matter protests, officers from the Santa Rosa Police Department used tear gas and projectiles on the protestors on at least two nights. The plaintiffs, Marqus Martinez and Michaela Staggs, were seriously injured. They brought a proposed class action on behalf of themselves and other Santa Rosa protestors, claiming: (i) the police violated the Fourth Amendment by using excessive force; and (ii) the police violated the First Amendment because the purpose of the force was to retaliate against the protestors for engaging in constitutionally protected activity and based on the content of their message about racism and police brutality. The plaintiffs moved for a preliminary injunction that would prevent the Santa Rosa Police Department from engaging in similar conduct while the litigation is pending. Although the evidence presented in connection with the preliminary injunction motion is murky, some of it suggests…