A judge heard arguments Friday about whether a civil suit filed on behalf of protesters against the Charlotte-Mecklenburg Police Department should move forward as a class action lawsuit. Plaintiffs say they were trapped by police in June 2020 during a protest in uptown.
Judge Robert Ervin said he needs more time to decide whether the lawsuit can move forward as a class action. Ervin said the timetable for that decision would be “sooner than later.”
Lawyers representing protesters say people were trapped when CMPD blocked protesters and used tear gas, leaving no way to escape — a tactic known as “kettling.” This was one of many protests that took place in the wake of the murder of George Floyd.
So far, some 44 people have signed on as plaintiffs, lawyers say. But they believe 300-400 plaintiffs could potentially be involved, making a class action the most efficient way to move forward. Lauren Newton, one of the attorneys representing the plaintiffs, said the alternative would be trying potentially hundreds of cases individually, which would be an issue with timing due to the statute of limitations.
"The statute of limitations in North Carolina for most of these claims is three years. That would be June 2, 2023; that’s why we raise it as a concern," Newton said.
Lawyers representing CMPD argued because the claims of injuries ranged in severity, each case needs to be tried individually. CMPD declined to comment for this story.
