(July 13, 2004) — The National Press Photographers Association, through their counsel, Covington & Burling, submitted an Amicus Curiae (friend of the court) brief on July 12, 2004, to the United States Supreme Court in support of the petitioner in Durruthy v. Pastor. In this case the petitioner, Albert Durruthy, a photojournalist, is suing a Miami, FL, police officer for false arrest, assault and excessive use of force.
As an organization with a strong interest in the subject, NPPA is permitted by law to file such a document in matters of broad public interest. The Radio-Television News Directors Association, the Society of Professional Journalists and the Reporters Committee for Freedom of the Press have also joined the brief.
On April 22, 2000, Durruthy was photographing demonstrations in Miami. Earlier that morning, federal officials had removed Cuban child Elián González from his uncle's home. Protesters gathered in downtown Miami and there were sporadic episodes of rioting. As Durruthy attempted to film the arrest of NBC cameraman Bruce Bernstein during the protest, the arresting officers instructed Durruthy to return to the sidewalk. Durruthy complied with this request, walking backwards as he continued to film.
As he was returning to the sidewalk, police officer Jennifer Pastor and at least two other officers tackled Durruthy, the suit says, and forced him to the ground and arrested him. Durruthy says that he offered to go peacefully and that at no time did he attempt to resist the officers.
Durruthy sued Pastor and the City of Miami for illegal arrest and excessive use of force. A federal court found that Pastor had violated Durruthy's Fourth Amendment rights, and could be held responsible for damages. Though she claimed qualified immunity because she is a police officer, the court determined that she was not protected because she had violated her department's policy (which prohibits arresting journalists without probable cause). This decision, however, was reversed by the 11th Circuit Court of Appeals.
At issue in the case is whether Pastor had legitimate basis to arrest Durruthy. The Amicus brief argues that Pastor's arrest of Durruthy was solely for the purpose of preventing him from gathering news, and that Pastor knew this violated both departmental policy and constitutional law. The brief points out that "protecting lawful newsgathering from unwarranted government interference is essential to the democratic functions served by the First Amendment."
