Second lawsuit filed against Seattle, Mayor Durkan over city's response to 'CHOP'

SEATTLE — As the city tries to wind down the so-called Capitol Hill Occupied Protest zone, the city and Mayor Jenny Durkan were hit this week with a second lawsuit that seeks to hold her and other municipal leaders accountable for the situation that has unfolded inside the neighborhood.

The nine-page lawsuit was filed Thursday by plaintiffs Jacob Bozeman, an attorney, and Austin Bozeman and names Durkan, Gov. Jay Inslee, the city of Seattle and Washington state as defendants who "did allow, aid, abet, and actively facilitate, the exclusive physical occupation, takeover and control of an approximate six city block area of publicly owned real property of an American city, Seattle, Washington, by an un-elected, unauthorized, and violent group of citizens promoting a political special interest group."

The federal filing comes on the heels of a class-action lawsuit filed two days ago by over a dozen Capitol Hill businesses who have also been angered by how the city has responded to the protest effort in the neighborhood.

In that filing, the plaintiffs argued in their court filing that the Constitutional rights of their employees and residents have been violated by the ongoing situation in the CHOP zone.

Friday marks the 18th day in which a group of activists have taken up residence in the area around Cal Anderson Park, demanding a series of things from the city that include defunding the Seattle Police Department and reallocating the money to community service initiatives.

A series of violent incidents in the zone that began last weekend and would ultimately leave a 19-year-old man dead and three others wounded during separate shootings prompted city officials to step up their efforts to restore order to the area and bring police back to the area.

On Monday, Durkan said police Chief Carmen Best was working on a phased approach to reopening the police precinct building.

In the new filing, the plaintiffs allege that city abdicated its police power and presence in the zone when Seattle police abruptly left its East Precinct building.

In their filing, the plaintiffs allege that the defendants violated their Constitutional rights because they were denied equal protection under the law and denied life, liberty or property without due process of law.

The plaintiffs are seeking class-action status for the lawsuit and asked the court to restrain, enjoin and prohibit the defendants from "further violating the U.S. Constitution,"and ordering the city to reassert control over the area.

The plaintiffs asked the court to cover plaintiffs' costs for pursuing legal relief along with "other just and equitable relief that the Court shall deem appropriate and/or necessary, or in the interests of justice."

<>><>><>><>><>>To read the lawsuit, click here or scroll through the document below: