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Attorney representing protesters behind federal lawsuit calls Kenosha's curfew an 'intimidation tactic'

Posted at 12:38 PM, Sep 02, 2020
and last updated 2020-09-02 15:10:11-04

KENOSHA — Four people arrested during demonstrations in Kenosha are suing the city and county claiming authorities selectively enforced the county-wide curfew set in place in the aftermath of the police shooting of Jacob Blake.

Danica Gagliano-Deltgen of Wauwatosa, Oscar Walton of Milwaukee, Adelana Akindes of Kenosha, and Victor Garcia of Kenosha are all listed as plaintiffs in the federal class-action civil rights lawsuit.

Attorney Kimberly Motley, who is representing all four plaintiffs, said that all four were arrested and cited for violating curfew while protesting peacefully. The lawsuit aims to have the curfew ruled unconstitutional.

"Basically, what we are claiming is that the Kenosha police are applying two different laws to different people," said Motley.

Motley called Kenosha County's curfew discriminatory and calls it an "intimidation tactic."

"What we have found, with our research, is that protesters that are pro-police, protesters that are part of "militia," as we've heard of, they are not getting arrested, they are not getting curfew tickets, as are the other protesters," said Motley.

The lawsuit claims that none of the hundreds of protesters arrested for breaking curfew in Kenosha over the week in the half following the police shooting of Jacob Blake and subsequent protests were "pro-police."

The suit also alleges all of the plaintiffs were protesting police brutality and systemic racism.

Motley says there are videos to back the claims up, pointing to video listed as an exhibit in the federal lawsuit. The video shows police interacting with Kyle Rittenhouse, among others, tossing him water and saying "we appreciate you guys, we really do."

The video was taken on the same night that 17-year-old Rittenhouse is accused of killing two people and seriously injuring a third.

Rittenhouse's attorneys claim he was acting in self-defense that night. Motley says Rittenhouse himself was also violating curfew.

"Why wasn't Kyle Rittenhouse, who murdered two people and severely injured my client, who also was violating curfew while armed as a 17-year-old, why wasn't he arrested," said Motley.

Attorneys for the Kenosha County Sheriff's Department are responding to the lawsuit.

"This lawsuit, filed by out of state attorneys, is entirely without merit. The Kenosha County Sheriff’s Department has worked tirelessly to bring order back to the community and has been careful to protect the rights of all citizens throughout that process. We plan to seek an immediate dismissal of this lawsuit." said Attorney Sam Hall, who is representing the Kenosha County Sheriff’s Department and Kenosha County.

Kenosha police have not commented on the lawsuit.

Curfews are set to resume in Kenosha each night through the end of the week.

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