Nov 4, 2014 (San Diego) The federal court denied the temporary restraining order against El Cajon Police. This decision was issued late Friday by Judge Janis Sammartino. According to Bianca A Bruno writing for Courthouse News Service
U.S. District Judge Janis Sammartino found that two separate incidents in which the El Cajon Police Department declared protests as “unlawful assemblies” did not warrant injunctive relief against law enforcement.
“Irreparable injury must be more than merely possible,” she noted in her 14-page order.
The judge pointed out that protesters had returned to the vigil site multiple times between Oct. 2 and Oct. 14 without incident.
The protesters’ attorney Bryan Pease said in an interview that Sammartino’s ruling “withheld deciding the merits of our case for now, and instead found that there was not enough evidence that the actions of police will be repeated.”
There have been protests since the death of Alfred Olango late in September. The protesters have vowed to continue until they get redress. This comes in different forms, ranging from the ability to peacefully protest to a federal investigation into the case.
The court argued that there was no evidence of a pattern, or a blanket policy to erroneously enforce state laws. The request was for law enforcement to follow the law. Pease has argued that there have been continuing violations. We might see a request for a new order.
In separate legal actions several wrongful death lawsuits have been filed against both the city and the department for wrongful death by family members. They include a lawsuit filed by the sister who called 911. There is a separate lawsuit filed by the children.
We are adding a link to Judge Sammartino’s order