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Published: Saturday, 4/5/2014 - Updated: 3 months ago

Blade files lawsuit over detention of journalists

Action claims violation of Constitutional rights

BY NOLAN ROSENKRANS
BLADE STAFF WRITER
Linkhorn Linkhorn
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The Blade filed a lawsuit Friday in U.S. District Court against a variety of government officials over the detention last week of two journalists by military security outside the General Dynamics Lima tank plant.

Fraser Fraser
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Blade reporter Tyrel Linkhorn and photographer Jetta Fraser were detained outside the plant March 28 by military security personnel, who confiscated Ms. Fraser’s cameras and deleted pictures.

The lawsuit states that Ms. Fraser and Mr. Linkhorn were unlawfully detained, that Ms. Fraser was unlawfully restrained and received unlawful threats of bodily harm, that the cameras were unlawfully confiscated and pictures unlawfully destroyed, and that the pair’s Constitutional rights were unlawfully prevented from being exercised.

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Read PDF of the filed complaint

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Proposed Order

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The lawsuit claims Ms. Fraser and Mr. Linkhorn’s First, Fourth, and Fifth Amendment rights were deprived, as were their rights under the First Amendment Privacy Protection Act.

“At all material times, Plaintiffs Fraser and Linkhorn were present in places that were open to the public and in which Plaintiffs had a lawful right to be,” the lawsuit states.

“At all material times, Plaintiffs Fraser and Linkhorn were engaged in fully lawful and constitutionally protected conduct, observing and photographing subjects that were and are open to public view and that Plaintiffs had full legal and constitutional rights to observe and photograph.”

A public affairs officer for the Army’s TACOM Life Cycle Management Command in Warren, Mich., said Friday afternoon that no one would be available for comment until Monday.

A message left Friday for a U.S. Attorney’s Office spokesman was not returned.

John Robinson Block, The Blade’s publisher and editor-in-chief, said he was confident The Blade and its journalists would be vindicated in court, and he hoped the federal government would acknowledge the journalists’ constitutional rights had been violated.

“I don’t believe this is a close call at all, unless someone abolished the First Amendment and the Fifth Amendment without telling us,” he said.

Mr. Linkhorn and Ms. Fraser were in Lima covering a Ford Motor Co. news conference at the automaker’s plant there.

Afterward, they went to shoot photos of businesses in the area for future use, including the tank plant, which is also known as the Joint Systems Manufacturing Center.

AMENDMENTS AT ISSUE

■ The First Amendment to the Constitution protects the rights to freedom of religion and freedom of expression from government interference. Freedom of expression consists of the rights to freedom of speech, press, assembly, and petitioning the government for a redress of grievances. Freedom of speech lets individuals express themselves without government interference or constraint. The Supreme Court requires the government to provide substantial justification for the interference with the right of free speech where it attempts to regulate the content of the speech.

■ The Fourth Amendment protects people from unreasonable searches and seizures by the government. It is not a guarantee against all searches and seizures, but only those deemed unreasonable under the law.

■ The Fifth Amendment protects citizens from being deprived of life, liberty, or property, without due process of law, meaning a citizen’s legal rights must be respected.

The journalists were at the entry area of the plant, in an area where no fence or gate restricted access, according to the complaint.

They did not pass a guard hut, which is about 30 feet from Buckeye Road.

“There are no signs, traffic-control devices, or any other indications of limited or prohibited public access to the portion of the roadway located between Buckeye Road and the guard hut,” according to the lawsuit.

The defendants include Charles T. Hagel, U.S. Secretary of Defense; Lt. Col. Matthew Hodge, Commandant of the Joint Systems Manufacturing Center; and others.

Ms. Fraser took several photographs, all of which were of property visible from the public roadway.

As the pair were leaving, they were stopped by three officers from the Department of Army Police and questioned.

The officers asked for identification.

Ms. Fraser showed the officers her Blade identification, but initially declined to provide her driver’s license, because she was not driving a vehicle.

The officers removed her from the vehicle and placed her in handcuffs.

The officers kept Ms. Fraser in handcuffs for more than an hour.

The officers on several occasions referred to Ms. Fraser “in terms denoting the masculine gender,” according to the lawsuit.

Ms. Fraser objected; later, an officer told her, “You say you are a female, I’m going to go under your bra.”

The officers confiscated two cameras, memory cards, a pocket-sized personal calendar, and a notebook.

Through the intervention of U.S. Sen. Rob Portman (R., Ohio), a Blade photographer retrieved the cameras from the plant about 8:30 p.m. March 28 from a police commander.

However, a number of pictures had been deleted, including all photographs of the Joint Systems Manufacturing Center and of the Husky Refinery Plant.

The Blade also filed a motion for a temporary restraining order Friday that would prevent the defendants from destroying any evidence, including any video recordings of the events. The motion references the deletion of Ms. Fraser’s pictures.

“Indeed, [the] Defendants’ wanton disregard for the Constitution and for federal law reached not only to destroying the photographs that were the supposed reason for their conduct but also to the destruction of other photos that had absolutely nothing at all to do with the Joint Systems Manufacturing Center,” the motion states.

It adds later: “In fact, as set forth in the Verified Complaint, the Defendants have already demonstrated in this very case a breathtaking disregard for any preservation obligations and, indeed, for any legal limits at all on their conduct in regard to evidence.”

The Blade asks for unspecified compensatory and punitive damages, and that the court declare the conduct a violation of Ms. Fraser and Mr. Linkhorn’s constitutional rights and prohibit the defendants from engaging in similar future conduct.

Contact Nolan Rosenkrans at: nrosenkrans@theblade.com or 419-724-6086, or on Twitter @NolanRosenkrans.

 



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