Suit filed by teachers arrested at Bush rally goes to trial in Cedar Rapids
4:21 PM
Posted: Monday, May 19, 2008
DES MOINES, Iowa (AP) -- A federal lawsuit filed by two retired school teachers who said they were handcuffed and strip searched during a 2004 campaign stop by President Bush in Cedar Rapids is scheduled to go to trial next week, minus a couple of defendants.
The case involves Christine Nelson and Alice McCabe, who were arrested at a rally at Noelridge Park in Cedar Rapids on Sept. 3, 2004. The charges were later dropped.
The Iowa attorney general's office, which is representing two state troopers named in the lawsuit, confirmed on Monday that an out-of-court settlement is being finalized, but declined to offer details.
David O'Brien, who is representing Nelson and McCabe, said he didn't want to release the terms of the settlement with the troopers so close to the trial because of publicity that could negatively impact the jury.
"I will say that my plaintiffs were very satisfied with the settlement that was reached with the state troopers," he said.
The remaining defendants in the case include a Secret Service agent and a Linn County jailer who performed the strip search. Other Secret Service agents were earlier dismissed from the suit.
The trial is scheduled for May 27 in the U.S. District Court for the Northern District of Iowa in Cedar Rapids and is expected to last about two weeks. Judge Linda Reade will preside.
In the lawsuit, the retired teachers accuse law enforcement of violating their First Amendment right to free speech and assembly, and their Fourth Amendment right to freedom from unreasonable arrest and search. Similar civil lawsuits have been filed in federal courthouses around the country, but O'Brien believes the Iowa case is among the first to reach the courtroom.
Authorities have said the women were arrested because they refused to obey reasonable security restrictions at the rally, but they claim they were taken into custody because they had a dissenting opinion from the Bush administration.
Nelson, a retired middle school history and government teacher, said she showed up at the Cedar Rapids rally with a Kerry-Edwards button pinned on her T-shirt. McCabe, who is also retired and now lives in Memphis, Tenn., said she clutched a small, paper sign stating "No More War."
Before the day was out, 53-year-old McCabe and 52-year-old Nelson had been charged with criminal trespass. They were strip-searched at the Linn County jail.
"It's one of the most intrusive things that your government can do to you," O'Brien said in an interview with The Associated Press earlier this month. He added that his clients were law-abiding citizens and had never been to a political event before. He called the Bush rally a "rude awakening."
"Neither one of them have ever had so much as much as a speeding ticket or a moving violation in their lives," he said.
The women claim that when they attended the rally they were approached by Secret Service agents in polo shirts and Bermuda shorts. They said they were told that the Republicans had rented the park and they would have to move because the sidewalk was now considered private property.
McCabe and Nelson said they complied, but moments later were again told to move, this time across the street. After being told to move a third time, Nelson said she asked why she was being singled out while so many others nearby, including those holding buckets for campaign donations, were ignored. In response, she said they were arrested.
O'Brien declined to have his clients speak with the media so close to the trial. In a 2006 interview with The Associated Press, Nelson complained that the Secret Service "did what they needed to do to get me out of the way."
"I tell my students all the time about how people came to this country for freedom of religion, freedom of speech, that those rights and others are sacred," she said. "And all along I've been thinking to myself, 'Not at least during this administration."'
Darrin Blackford, a spokesman for the Secret Service, declined to comment on pending litigation. White House and Justice Department spokesmen also declined comment.
In court documents, government lawyers have outlined security at the rally and defend the Secret Service agents' actions. They said the stricter policies were a response to the Sept. 11, 2001, terrorist attacks and are meant to ensure the safety of the president. Officials denied it had anything to do with politics.
"At no time did any political message expressed by the two women play any role in how (the agents) treated them," court documents stated.
In the lawsuit, the retired teachers are seeking compensation for injuries and damages, attorney's fees, interest and other costs, as well as punitive damages.
The case involves Christine Nelson and Alice McCabe, who were arrested at a rally at Noelridge Park in Cedar Rapids on Sept. 3, 2004. The charges were later dropped.
The Iowa attorney general's office, which is representing two state troopers named in the lawsuit, confirmed on Monday that an out-of-court settlement is being finalized, but declined to offer details.
David O'Brien, who is representing Nelson and McCabe, said he didn't want to release the terms of the settlement with the troopers so close to the trial because of publicity that could negatively impact the jury.
"I will say that my plaintiffs were very satisfied with the settlement that was reached with the state troopers," he said.
The remaining defendants in the case include a Secret Service agent and a Linn County jailer who performed the strip search. Other Secret Service agents were earlier dismissed from the suit.
The trial is scheduled for May 27 in the U.S. District Court for the Northern District of Iowa in Cedar Rapids and is expected to last about two weeks. Judge Linda Reade will preside.
In the lawsuit, the retired teachers accuse law enforcement of violating their First Amendment right to free speech and assembly, and their Fourth Amendment right to freedom from unreasonable arrest and search. Similar civil lawsuits have been filed in federal courthouses around the country, but O'Brien believes the Iowa case is among the first to reach the courtroom.
Authorities have said the women were arrested because they refused to obey reasonable security restrictions at the rally, but they claim they were taken into custody because they had a dissenting opinion from the Bush administration.
Nelson, a retired middle school history and government teacher, said she showed up at the Cedar Rapids rally with a Kerry-Edwards button pinned on her T-shirt. McCabe, who is also retired and now lives in Memphis, Tenn., said she clutched a small, paper sign stating "No More War."
Before the day was out, 53-year-old McCabe and 52-year-old Nelson had been charged with criminal trespass. They were strip-searched at the Linn County jail.
"It's one of the most intrusive things that your government can do to you," O'Brien said in an interview with The Associated Press earlier this month. He added that his clients were law-abiding citizens and had never been to a political event before. He called the Bush rally a "rude awakening."
"Neither one of them have ever had so much as much as a speeding ticket or a moving violation in their lives," he said.
The women claim that when they attended the rally they were approached by Secret Service agents in polo shirts and Bermuda shorts. They said they were told that the Republicans had rented the park and they would have to move because the sidewalk was now considered private property.
McCabe and Nelson said they complied, but moments later were again told to move, this time across the street. After being told to move a third time, Nelson said she asked why she was being singled out while so many others nearby, including those holding buckets for campaign donations, were ignored. In response, she said they were arrested.
O'Brien declined to have his clients speak with the media so close to the trial. In a 2006 interview with The Associated Press, Nelson complained that the Secret Service "did what they needed to do to get me out of the way."
"I tell my students all the time about how people came to this country for freedom of religion, freedom of speech, that those rights and others are sacred," she said. "And all along I've been thinking to myself, 'Not at least during this administration."'
Darrin Blackford, a spokesman for the Secret Service, declined to comment on pending litigation. White House and Justice Department spokesmen also declined comment.
In court documents, government lawyers have outlined security at the rally and defend the Secret Service agents' actions. They said the stricter policies were a response to the Sept. 11, 2001, terrorist attacks and are meant to ensure the safety of the president. Officials denied it had anything to do with politics.
"At no time did any political message expressed by the two women play any role in how (the agents) treated them," court documents stated.
In the lawsuit, the retired teachers are seeking compensation for injuries and damages, attorney's fees, interest and other costs, as well as punitive damages.
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Sudo wrote on May 20, 2008 7:56 AM:
One paragraph of the story from the AP - -
"America is deeply concerned about the plight of political prisoners in this region, as well as democratic activists who are **intimidated** or repressed , newspapers and civil society organizations that are shut down and **dissidents whose voices are stifled** ," Bush said.
"I call on all nations in this region to release their prisoners of conscience, ****open up their political debate and trust their people to chart their future,"**** Bush said. "
Good wrote on May 19, 2008 8:42 PM: