Injured Demonstrator to File Suit Against City of Oakland
Monday, May 5, 2003
Category: News
An anti-war demonstrator said Friday she will file a lawsuit against the city of Oakland for injuries she incurred at the hands of police during a protest at the Port of Oakland last month.
Oakland resident Willow Rosenthal, 31, said she underwent surgery Wednesday to remove three to four inches of dead skin from her right calf caused by a nonlethal projectile.
She has yet to determine how much money she will seek in damages for the injuries.
Rosenthal said she has been unable to go to work, bedridden since the swelling forced her to stay home. She is scheduled to go into surgery for a skin graft today.
Rosenthal joins other protesters from the demonstration at the docks in their claim that the Oakland police used excessive force at the April 7 protest at the port.
Oakland police said protesters acted violently toward them by throwing objects and attacking officers. Police testified in an Oakland City Council meeting last week that they used the weapons only when they felt endangered and that the crowd was out of hand.
"We are very outraged by this, and intend to do everything, in this litigation and elsewhere, to prevent this from happening again," Chanin said.
Demonstrators targeted APL and Stevedoring Services of America shipping docks because the two companies ship military cargo.
Rosenthal described the event as a "terrifying experience." She said she had ceased demonstrating and crossed the street to leave at the time she was shot.
"We weren't engaging in any demonstration or activity," she said. "We were just watching what was going on."
Rosenthal said she was hit on the back of the calf but continued to run, scared of getting hit again.
The initial bruising developed into a massive hematoma, and the pressure from the internal bleeding caused the skin to die, Rosenthal said.
She spent five days in Kaiser Hospital to drain the swelling. Rosenthal now takes several medications to ease the pain.
The extent of the injury and the ensuing lawsuit will likely bring more negative attention to the Oakland Police Department, already under fire for their controversial use of force during the protest, said Jim Chanin, Rosenthal's lawyer.
In addition to pain from the swelling, Rosenthal said she suffered emotional distress.
"I still have an underlying belief that the police are there to help people," Rosenthal said. "Being attacked by the police has made me feel extremely vulnerable and upset. When one of your fundamental beliefs is challenged, you don't know where you stand anymore."
Rosenthal said in a statement she has had nightmares of police shooting at her and gets scared by loud noises.
Rosenthal, who works at the Women's Initiative for Self-Employment and volunteers in a community garden, said her work has been compromised by her injury.
"It's been difficult since I'm not there," she said. "It's spring, we're working on trying to feed people who can't afford to feed themselves, and I can't be there doing that."
Doctors told Rosenthal she will likely fully recover motion in her leg, although the injury will leave a scar.
"The doctors said the skin will never look normal again," she said. "Even after the graft, it's going to have a weird stripy look for the rest of my life."
Despite her experience with this protest, Rosenthal said she will not let her experience deter her from protesting again.
"I would definitely put myself on the line again," she said. "I'm scared, and I guess I just think that this was a completely unexpected turn of events, but I would absolutely participate in a protest again."
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