A lawsuit against the city of Graham was filed in the U.S. District Court last Thursday for allegations of unconstitutionally impeding free speech during protests in 2019.
Graham officials face alleged constitutional violations
On Oct. 27, 2022, a pending lawsuit was filed against current Graham police Chief Kristy Cole, Alamance County Sheriff Terry Johnson, and several Graham Police, Sheriff’s Office, and Haw River Police Department employees of multiple constitutional violations during protests of 2019, according to the lawsuit.
Five protesters alleged their First, Fourth, and Fourteenth Amendment rights were violated during the 2019 ICE Detention Center protests.
The November 2019 protests were organized by the national group called Never Again Action with North Carolina Jews and Siembra to protest against Alamance County's contract with Immigration and Customs Enforcement to hold its detainees, according to the lawsuit.
Law enforcement violated the plaintiff's First Amendment rights when they issued an unlawful command to disperse, prohibiting the protests, according to the lawsuit.
Fourth Amendment rights were also allegedly violated when arresting the plaintiffs for not complying with an unlawful order to disperse without probable cause, according to the lawsuit.
Defendant Clint Cross allegedly violated the Fourteenth Amendment right to Equal Protection under the law by arresting Plaintiff Xavier Adams, who was the only person of color among sixteen similarly situated individuals, all of whom were engaged in the same conduct, according to the lawsuit.
Protesters are seeking compensatory and punitive damages, along with attorneys’ fees in the newest lawsuit. They are represented by Scott Holmes, associate professor of law at North Carolina Central University; Jaelyn Miller of K&L Gates; and Ian Mance of Emancipate N.C.
The city of Graham has had two years of ongoing legal battles, arrests, and policy changes regarding protests.
The Graham Police Department is refraining from providing any additional statements as this matter is before the courts, according to a press release from the Graham Police Department.
