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G-20 plaintiffs win a round vs. city
Tuesday, August 31, 2010

A federal appeals panel Monday rejected a request by the city of Pittsburgh to slow discovery in a lawsuit pitting G-20 protesters against the police department and city officials.

The city and its insurance company wanted the 3rd U.S. Circuit Court of Appeals to stay discovery until the appeals court ruled on another issue -- the city's request that parks and recreation director Mike Radley and two police officers be dropped as defendants.

The court hasn't decided the latter issue, but it ruled Monday that discovery can proceed anyway. The three-judge panel made the ruling without commenting on the case.

The Seeds of Peace Collective and Three Rivers Climate Convergence filed the lawsuit last year, alleging they were harassed by city police and other officials before and during the G-20 Summit in September. Seeds of Peace brought a bus to town as a base of operations for feeding protesters.

In May, Chief U.S. District Judge Gary L. Lancaster denied the city's request to dismiss Mr. Radley and the police officers, and the city appealed.

The city then asked Judge Lancaster to stay discovery until the appeals court decided the status of the three city employees. When he declined, the city appealed that matter, too.

Witold Walczak, Pennsylvania legal director for the American Civil Liberties Union, which represents the protesters, said the appeals panel's refusal to stay discovery helps "our attempt to learn why the city engaged in a pattern of harassment and intimidation."

But Mr. Walczak said he doesn't expect the city to start turning over boxes of documents upon request. Rather, he said he now expects the city to object to individual discovery requests.

Neither city officials nor Paul Krepps, attorney for the city and its insurer, could be reached for comment.

Joe Smydo: jsmydo@post-gazette.com or 412-263-1548.

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First published on August 31, 2010 at 12:00 am