Motion To Dismiss

Date:

  • Motion To Dismiss: April 09, 2014
  • Court Hearing: June 23, 2014
  • Written ruling: June 30, 2014
 
     
     
 

On april 09, 2014 the Agencies moved to dismiss the complaint arguing that the Juggalos lacked constitutional standing and also had failed to state a claim.

On June 23, 2014 there was a court hearing and on June 30, 2014 U.S. District Judge Robert Cleland dismissed the second lawsuit in which the four Juggalos said they've been targeted by police because they have jewelry or tattoos with a hatchetman.

Cleland said the U.S. Justice Department is not responsible for how authorities use a national report on gangs. The harassment is coming from local law enforcement agencies, not the Feds.

Lawyers for the federal government have now argued that the FBI should not be held responsible for how local law enforcement bodies have interpreted the FBI's 2011 report on gangs, which contained the assessment of the Juggalos.

The report "does not recommend any particular course of action for local law enforcement to follow, and instead operates as a descriptive, rather than prescriptive, assessment of nationwide gang trends," Cleland said in a 14-page opinion.

Amy Powell, representing the FBI, told a court in Detroit: "There is no general right of protection to a social association," referring to the first amendment right to freedom of expression, which ICP claimed protected their fans. The FBI argues it did not label all Juggalos as members of a criminal gang, only a "subset" of them. There is no mention of them in the latest National Gang Report of 2013.

The ACLU said it will appeal Cleland's decision.

"This is not the end. We'll keep fighting to clear the Juggalo family name," Insane Clown Posse member Joseph Bruce, known as Violent J, said in a statement released by the ACLU.

 
     
   

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