PHILADELPHIA, June 16, 2022 /PRNewswire/ — The law firm of Mincey Fitzpatrick Ross, LLC. filed a lawsuit (Docket # 2:22-cv-02372) in the United States District Court for the Eastern District of Pennsylvania on June 16, 2022, against the City of Chester, Mayor Thaddeus Kirkland, as well as Councilmembers Portia West and Elizabeth Williams for violation of the plaintiffs, Mike Ewall and Tajah Jennings, rights guaranteed under the First Amendment of the United States Constitution.
The plaintiffs were directly confronted by Mayor Kirkland and the Councilwomen during an Environmental Justice march on April 23, 2022. Mr. Ewall was physically assaulted by Mayor Kirkland, who sought to prevent him from recording official activity. The alleged conduct of Mayor Kirkland also caused injury to Ms. Jennings. This incident is part of a pattern and practice by the defendants in retaliation for protected expression of speech and violates the plaintiffs’ individual rights guaranteed by the First Amendment. The plaintiffs have given statements to investigators at the Delaware County District Attorney’s Office and have called on the Mayor to be charged in criminal court for his conduct.
In addition, the City of Chester and the other defendants have failed to establish consistent policies and procedures, including training, and proper oversight to ensure that the rights of similarly situated individuals are protected.
As outlined in the complaint, the defendants are responsible for the deprivation of rights guaranteed under the United States Constitution, including through supervisor liability, intentional infliction of emotional distress, failure to train and supervise, retaliation, as well as assault and battery.
“The City of Chester, Mayor Kirkland, and the other defendants are responsible for the egregious conduct in this case. We will continue to fight hard to ensure that the City of Chester and its elected leaders operate within the scope of the law and the U.S. Constitution.” – Thomas Fitzpatrick, Partner, Mincey Fitzpatrick Ross, LLC.
“We brought this suit to address the harm brought upon our clients by the defendants in this case. This conduct should concern every citizen of the City of Chester and must be addressed to make sure the plaintiffs and other residents have their First Amendment rights respected.” – Kevin Mincey, Partner, Mincey Fitzpatrick Ross, LLC.
Mincey Fitzpatrick Ross, LLC is the leading black-owned law firm in Philadelphia. We help our clients win by beginning each engagement focused on achieving justice first. Our team of experienced trial attorneys have the legal acumen and strategic focus which are a hallmark of our practice. Diversity is central to our mission. Learn more at minceyfitzross.com.
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