Constitutional Law

Zombies Win $165K Settlement for Arrests Over Consumerism Protest

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Seven individuals who were arrested while dressed as zombies then jailed for two days after they participated in a 2006 street protest of “mindless” consumerism have agreed to accept a $165,000 settlement from the city of Minneapolis that includes their attorney’s fees.

Police said they were carrying simulated weapons of mass destruction. However, the St. Louis-based 8th U.S. Circuit Court of Appeals was apparently persuaded by the white-powdered faces, dark-ringed eyes, fake blood and lurching walk with which members of the group sought to make their point that they should have been treated as street protesters rather than criminals, according to the Star-Tribune.

The city never charged any of the protesters with a crime and, although a federal district judge initially dismissed the plaintiffs’ civil rights case, the 8th Circuit resurrected it earlier this year, finding that no probable cause to arrest the seven.

City Attorney Susan Segal said Minneapolis police acted reasonably, but a settlement was prudent given the risk of taking any case before a jury. Had the plaintiffs won their civil rights case, they could have won $50,000 each, plus attorney’s fees, she noted.

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