FLINT, MI — The city is using a police officer’s body cam recording as evidence that he didn’t assault a Flint woman during a City Council meeting and a still image from another video to show that a light on her digital camcorder was bright enough to disrupt the meeting.
In a motion filed Aug. 14 in U.S. District Court, attorneys for the city asked Judge Mark A. Goldsmith to dismiss the lawsuit brought by Flint resident Kamryn Randle and to award it attorney fees for having to defend against what it calls baseless litigation in federal court.
Randle sued five members of the City Council, City attorney William Kim and police officer William Metcalfe in June, claiming the officials violated her First Amendment rights and the state’s Open Meetings Act by expelling her from the meeting after denying her the ability to freely record it.
The five council members — Ladel Lewis (Ward 2), Quincy Murphy (Ward 3), Judy Priestley (Ward 4), Dennis Pfeiffer (Ward 8) and Eva Worthing (Ward 9) — voted to support a ruling by Lewis that Randle either turn off the light of her camcorder or be removed from the meeting.
The vote came after Worthing asked that the camera light be turned off because it was causing her to have a migraine headache.
The city’s motion to dismiss the lawsuit is accompanied by a still image captured from a video recording of the meeting. It shows the intensity of the camcorder light, which Randle’s lawsuit described as an “operational light.”
“I’ve had a headache this whole time. I’ve tried to just deal with it, but if this is going to be consistent, I need to be able to do my job,” Worthing said at the meeting on June 5. “The light doesn’t have to be shining in my face. I have a right to be able to do my job.”
Flint’s motion to dismiss the lawsuit says the “light illuminates the truth of this lawsuit — it is a carefully orchestrated concoction of (1st Ward) Councilman Eric Mays, and his attorneys, the Lento Law Firm, who together engaged (Randle) as ‘support staff’ to record the meeting.”
The court filing says Metcalfe’s body cam recording shows Mays and Randle’s attorney discussing their plan for the lawsuit and says Randle’s complaint doesn’t plausibly allege a violation of any legal right. It also says the sued city officials are entitled to immunity from all claims.
In its request for legal fees, the city says the lawsuit constitutes an unjust burden on taxpayers in Flint, which remains “financially troubled” just five years after emerging from state financial oversight.
Randle’s lawsuit calls the council’s actions at the meeting as “nothing more than an arbitrary, capricious, vindictive, despotic, and needlessly restrictive infringement” on her First Amendment rights.
The lawsuit says Randle could not turn off her camcorder light without stopping her recording and says the light on her camera was “not a bright studio light intended to brighten the scene being recorded.”
Want more Flint-area news? Bookmark the local Flint news page or sign up for the free “3@3 Flint” daily newsletter.
Read more at The Flint Journal:
Woman ‘expelled from’ Flint council meeting claims First Amendment violation in lawsuit
Flint can use cop’s body cam footage from council meeting to defend against lawsuit
Study by Hurley doctors shows children’s constipation could be linked to Flint water crisis
Source link
Attorneys and law firms can elevate their online presence with professionally written content from SEO Content Writing Services monthly plan. Our team of experienced writers specializes in crafting blog posts, articles, and written content that accurately reflect the expertise and knowledge of our clients in the legal field. With a keen eye for detail and a thorough understanding of legal terminology, we provide high-quality writing that helps our clients stand out from their competition and engage with their target audience. Trust SEO Content Writing Services for one time article writing or monthly written content to handle all of your written content needs and showcase your law firm's expertise.
If you need written content, blog posts, or articles professionally written for your website, we can help. Go HERE to find out more.
or email us here: myseowritingservices@gmail.com
To find out more about our article writing or blog post services, fill out the form, thank you.
