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Civil Rights,
Civil Litigation

Oct. 19, 2021

No class certification for those subjected to tear gas in Oakland

U.S. Magistrate Judge Joseph C. Spero found that protesters suing the city should not proceed as a class because there’s no evidence that every instance in which an officer deployed tear gas was the result of a common policy at the Oakland Police Department.

No class certification for those subjected to tear gas in Oakland
Protesters dance on the roof of a car as a trash fire burns in the middle of Broadway in Oakland, Calf., May 29, 2020. Californians in cities large and small joined protests across the nation sparked by outrage over the circumstances of some recent violent deaths of black people, including George Floyd, who died as a white Minneapolis police officer pinned him to the ground with a knee on his neck. (New York Times News Service)

A magistrate judge on Monday denied class certification of a federal civil rights lawsuit against the city of Oakland over the police use of tear gas and rubber bullets during protests and riots in the wake of the killing of George Floyd by a Minneapolis police officer.

U.S. Magistrate Judge Joseph C. Spero found that protesters suing the city should not proceed as a class b...

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