Protesters’ Bid to Ban Police Hold Fails

Six anti-abortion activists, who allege that they were hurt during Operation Rescue protests at two women’s clinics, were denied a federal injunction that sought to prevent the Los Angeles Police Department from using so-called pain compliance holds in making arrests at demonstrations.

In denying the request, U.S. District Judge A. Wallace Tashima said that the protesters’ constitutional right to freedom from unreasonable seizure was not violated, as they had claimed. Noting that the activists had used passive resistance during the arrests, Tashima said that under California law, police may use “reasonable force” to make an arrest.

He added that the plaintiffs could file damage suits against individual officers if they felt they had been abused. Samuel Casey, executive director for the Rutherford Institute, which represented the activists, said state law allows police to use as much force as needed but not to inflict pain.

The activists were among 700 arrested during a blockade at Family Planning Associates Clinic on Westmoreland Avenue in March, and at a similar protest in June at Midland Medical Clinic on West Washington Boulevard. About 300 activists were arrested at the June protest.

Lawyers for the activists said the group plans to appeal.