BigLaw Brings Brawn To Racial Justice Protest Suits

By Kevin Penton | August 2, 2020, 8:02 PM EDT

An injured demonstrator is held back after being hit with a police baton during a protest over the death of George Floyd in May near the White House. (AP Photo/Evan Vucci)


Perkins Coie, Gibson Dunn and other BigLaw firms have jumped into racial justice battles in recent weeks, backing organizations and individuals who assert the Trump administration and local authorities are violating the U.S. Constitution in their response to protests over the killings of George Floyd and Breonna Taylor.


Firms have dispatched scores of attorneys to work on largely pro bono efforts, such as filing a putative class action claiming police used excessive force in Minneapolis, obtaining an injunction restricting Seattle police from using tear gas against peaceful protesters, and suing the Trump administration after federal agents forcefully cleared Washington D.C.'s Lafayette Square.

While there is no shortage of attorneys who can handle individual allegations of abuse by the police, BigLaw can play a significant role in broader fights for racial justice, said T. Andrew Brown, president-elect of the New York State Bar Association and founder and managing partner of Brown Hutchinson LLP. These firms are able to throw large numbers of attorneys at a case and devote considerable resources toward getting the work done.

"Situations where you have to act quickly, that's often where the ability to access greater financial resources and manpower is particularly important," Brown said.

Perkins Coie LLP, for example, has directed several dozen partners and associates to work on three cases related to the protests, all on a pro bono basis, a firm spokesman said.

The firm is working together with Debevoise & Plimpton LLP to represent Don't Shoot Portland and Wall of Moms — two organizations active in the protests in Oregon's largest city — in a lawsuit over the Trump administration's use of federal agents to disrupt protests. The protests had been going on nightly since late May, following Floyd's murder. The government sent federal agents in July, contending they were needed to defend federal property. The groups contend that the government's actions are unconstitutional.

Perkins Coie secured a temporary injunction on behalf of Black Lives Matter Seattle-King County in June, as a Western District of Washington judge placed limits on how Seattle police could use tear gas or similar chemical irritants, along with rubber bullets and other projectiles, during peaceful protests.

The firm is also teaming up with the American Civil Liberties Union Foundation of Oregon on behalf of several emergency medical technicians working independently during recent protests in Oregon. The medical workers contend that city police and federal agents unlawfully struck them, arrested them and otherwise injured them with tear gas, rubber bullets and other munitions as they attempted to tend to those injured during the protests.

Perkins Coie views its work on the cases as representative of its commitment to racial equality and access to justice, said Leah Medway, the firm's pro bono counsel.

"Our pro bono work on these cases reflects the firm's overall commitment to racial equality and the importance of providing legal representation to protect the civil rights of those who would otherwise have limited legal options," Medway said.

Fish & Richardson LLP and the ACLU of Minnesota in late July filed a putative class action on behalf of several individuals who claim that Minneapolis police and Minnesota State Patrol officers used excessive force to suppress the First Amendment rights of individuals to protest against racial injustices

"The police in Minnesota, and throughout our country, should be protecting and serving those who exercise their rights under these laws, not impeding and chilling such actions," said Fish & Richardson principal Ahmed J. Davis in a statement. "Every person in this country should be able to peacefully protest without fear of injury or harm, and we plan to continue fighting for these basic constitutional and human rights."

Gibson Dunn & Crutcher LLP is representing three individuals who are suing the federal government after they were hit with rubber bullets and sprayed with tear gas at Washington's Lafayette Square as federal agents cleared the space moments before President Donald Trump arrived to take pictures outside a church. The administration has denied the actions were taken for a presidential photo-op.

The firm is also representing Asbury Park Press reporter Gustavo Martinez after the journalist was arrested while covering a protest in New Jersey in June.

The two cases are indicative of Gibson Dunn's commitment to pursuing racial justice through the pursuit of litigation, said Katherine Marquart, Gibson Dunn's pro bono counsel and director.

"We look forward to not only vindicating our clients' rights but also to getting strong rulings from the courts that advise [the] government that the types of aggressive, unconstitutional conduct we've seen nationwide will not and cannot be tolerated," Marquart said.

Like Gibson Dunn, Sidley Austin LLP is representing a journalist who was covering a protest. The firm in June filed a suit against Minneapolis police on behalf of Linda Tirado, who alleges she is blind after she was shot in the face with foam bullets.

With protests expected to continue this year, BigLaw can marshal its deep resources to achieve quick outcomes, such as temporary injunctions restricting authorities from using certain tactics against protesters, said Brown, the NYSBA's president elect.

"If you're seeking quicker relief, as opposed to filing an action and waiting for it to play its way through the courts over a longer period of time, I think BigLaw can certainly play a role in that regard," Brown said.

Have a story idea for Access to Justice? Reach us at accesstojustice@law360.com.

--Additional reporting by Dave Simpson, Y. Peter Kang and Hailey Konnath.

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