Redneck Raid Lawsuit Filed to protect civil rights

Dear Cove/Mallard folks and friends,

About this time last year (August 21, 1998 to be exact), employees of Highland Enterprises (road-building co.) and Shearer Lumber (logging company) raided activists' camp in the Otter-Wing area.

They drove up, yelled death threats, and fired their shotguns repeatedly during the night. After midnight they chased activists into the woods at gunpoint, and stole or burned in a bonfire activists' food, gear, and personal belongings. Below you will find a press release that was sent out today (8/24/99).

It announces the filing of a lawsuit against the Forest Service, Idaho County Law Enforcement, Shearer Lumber, Highland Enterprises, and individuals. The lawsuit alleges a conspiracy between these entities and individuals to terrorize activist into giving up their first ammendment rights.

Larry Hildes is the lead attorney. Bernard Zaleha is the in-state attorney. Please send contact information for possible funders. We need to raise some money to fund this lawsuit. A meeting will take place in Moscow, Idaho this Fall to talk strategy for the lawsuit. Your input is welcome.

For the Wild, Joshua Burnim Cove/Mallard Coalition P.O. Box 1742, Missoula, MT 59806 (208) 882-9755 (208) 883-0727 fax wref@wildrockies.org

Cove/Mallard Coalition and Six Individuals File Police Abuse/Conspiracy Lawsuit: Defendants include US Forest Service and Idaho County Law Enforcement, Shearer Lumber, and Highland Enterprises

FOR IMMEDIATE RELEASE: 8/24/99

Media Contacts: Joshua Burnim, 208-882-9755

Plaintiffs' Attorney, Lawrence Hildes, 510-845-9788

Federal Court, Moscow, Idaho: On Friday, August 20 the Cove/Mallard Coalition and six individuals filed a police abuse and conspiracy lawsuit over a campaign of terror that was brought throughout the night of August 21, 1998 against peaceful protesters of logging and roadbuilding in the Otter-Wing area which is roughly 20 miles Southeast of Grangeville, in the Nez Perce National Forest.

On this night, about one year ago, protesters' lives were threatened and their personal belongings were stolen, burned, and vandalized. As the lawsuit alleges, several people including employees of Highland Enterprises and Shearer Lumber drove up to the protesters' camp, yelled death threats, and fired shotguns into the air. This was done repeatedly during the night. Some time after midnight, Plaintiffs were chased into the woods at gunpoint, and most of their food, clothing, backpacks, camping gear and personal belongings was grabbed and kept or burned in a bonfire that was created in the woods.

The Forest Service and Idaho County Law Enforcement did a minimal investigation both the night of the terror campaign and the morning after, refused to follow any leads, intentionally destroyed evidence, and took the opportunity to use the campaign of terror as a justification for trying to persuade Plaintiffs to abandon their protest.

Plaintiffs' attorney, Lawrence Hildes, said, "Despite having worked on numerous cases of police abuse, I am shocked at the collaboration between the armed loggers and the police that are suppose to protect people." "That was one of the most frightening nights of my life," said Plaintiff Michael Tenebaum. "Given the abundance of evidence, I don't understand why the police could not convict anyone. It seems we are being treated as second class citizens with less rights."

The Plaintiffs' allegations are contained in the 28-page complaint that began the lawsuit last Friday. The allegations are supported by police reports from August 21 and 22 that were obtained through the appeals process of the Freedom of Information Act. The complaint alleges that the United States Forest Service, Nez Perce National Forest, Idaho County Sheriff's Department, Highland Enterprises, Shearer Lumber, and employees of these entities conspired to violate the civil rights of Plaintiffs. By participating in, planning, and/or supporting the threatening conduct, the Defendants conspired with the intent of causing mortal terror and destruction of property, and thereby causing Plaintiffs to abandon their First Amendment protected dissent against the destruction of public wild lands.

The Plaintiffs are the Cove/Mallard Coalition, Michael Bowersox, Michael Tenebaum, Kristin Gustafson, Marcus Baker, Molly Karp, and Robert Zweifel. They are seeking justice and equal protection under the law. No amount of money for damages has been specified yet. "The purpose of this lawsuit is protection of everyone's First Amendment rights," stated Joshua Burnim, an organizer with the Cove/Mallard Coalition. "Citizens have a right to protest logging and road building on public land without having their lives threatened and property stolen." Plaintiff Michael Bowersox stated, "The law enforcement's reaction both before the incident and after has forced us to take this action to protect our right to engage in peaceful protest and have equal protection under the law." "I would rather find common ground with the loggers than bring this lawsuit," said Kristin Gustafson. "We need to build community that lives with Forest Ecosystems in a sustainable manner; not fight with each other.

Unfortunately, the unequal enforcement of the law has created a dangerous climate that leaves us no choice. Our lives are in danger, yet we cannot turn our backs to the destruction of the last wild places." Like the Cove/Mallard area, the Otter-Wing area is contiguous with the largest roadless area in the lower 48 states and contains important watersheds for the threatened steelhead trout and bull trout. Protests of roadbuilding in the Otter-Wing area are continuing this summer. Copies of the 28-page lawsuit are available for the press through the U.S. District Court in Moscow and the Cove/Mallard Coalition. Press

Contacts: Cove/Mallard Coalition, Joshua Burnim: 208-882-9755 Plaintiffs' Attorney, Lawrence Hildes: 510-845-9788

 

 

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