Boise abortion activist claims arrest during protest was unlawful. What happens now?
A second abortion protester has lodged a claim against Boise, arguing that city police violated her constitutional rights during a May protest in anticipation of the overturning of the right to abortion in the U.S.
Kristi Lynn Jordan was protesting with family at the Idaho Capitol on May 14 when a crowd began to march toward the Idaho Supreme Court a block away, according to a tort claim Jordan filed Nov. 15. In Idaho, claims of civil wrongdoing, or tort claims, against a state or local government must be filed in anticipation of a lawsuit.
In a highly unusual turn, a draft of the U.S. Supreme Court’s decision to overturn Roe v. Wade was leaked in May, signaling the court’s decision over a month early and leading to nationwide protests and celebrations.
As “scores of people” walked toward Idaho’s Supreme Court on May 14, Jordan and her son walked into the street to “expand their protest march” and encouraged others to join them, according to the claim.
“The march was quintessential political speech and assembly,” the claim said, noting that police cars were blocking some traffic in the street.
Boise police approached Jordan and asked her to leave the street and return to the sidewalk, according to the claim. When she refused, an officer said police would issue citations and conduct “enforcement action,” the claim said.
Jordan told an officer that police could issue a citation but that she would stay in the street. In response, four officers pulled her toward the sidewalk by the arm, her claim said. When she fell, she remained on the ground, was placed in handcuffs and arrested, the claim said.
Jordan was accused of felony battery on a law enforcement officer and misdemeanor resisting arrest, according to court records. She was also cited for a crossing violation. The battery charge was dismissed after a motion by the prosecutor, and a January trial is scheduled for the resisting charge.
The claim asserts that the state jaywalking law as applied to Jordan is unconstitutional, as well as the charges she was arrested for.
“She was engaged in free speech and peaceful protest, and nobody should be punished for peacefully exercising those rights,” Jordan’s lawyer, David DeRoin, told the Idaho Statesman by phone.
A City Hall spokesperson, Maria Weeg, declined to comment.
Earlier in November, another abortion protester also put the city on notice of a potential lawsuit, arguing that the arrest of a protester on the same day of demonstrations in May for using a bullhorn without a permit was unconstitutional. An attorney from the same firm as DeRoin, Wrest Collective, is representing that protester.
