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3 of 3 Premium Clicks used this month SUBSCRIBE Print + Online Subscriber Activation | Register x Forgot Password | Need an Account? e-edition | subscribe | newsletter | deals Classifieds Jobs Autos Real Estate FEATURED » NEWS NOW Court gives class action status to Jacksonville protesters against Bush ... High wind warning in effect through Thursday afternoon in Rogue Valley ... Search on for gunman or gunmen in California shootings; fatalities confirmed ... Court gives class action status to Jacksonville protesters against Bush ... High wind warning in effect through Thursday afternoon in Rogue Valley ... Search on for gunman or gunmen in California shootings; fatalities confirmed ... Court gives class action status to Jacksonville protesters against Bush Portion of case made it to U.S. Supreme Court By Nick Morgan Mail Tribune Follow @@mtcrimebeat MailTribune.com By Nick Morgan Mail Tribune Follow @@mtcrimebeat Posted Dec. 2, 2015 @ 3:29 pm Updated at 3:31 PM By Nick Morgan Mail Tribune Follow @@mtcrimebeat Posted Dec. 2, 2015 @ 3:29 pm Updated at 3:31 PM » Social News p bs:newslist StartDate="20121121" EndDate="p bs:datecalc Months="3"" DateSort="1" UseObjects="1" ObjectClass="81" Taxonomywords="2325,665" ExactTaxonomyMatch="1" Image="1" Count="4" --> Protesters who allege law enforcement officers illegally detained them during a 2004 protest in Jacksonville have been granted class action status. A court order, filed Monday in the U.S. District Court in Medford, gives class action status to demonstrators who gathered on the evening of Oct. 14, 2004, near the Jacksonville Inn to protest the appearance of President George W. Bush. The demonstrators allege that police encircled them and prevented them from leaving. Protesters who were not allowed to leave are opted in as part of the lawsuit automatically, according to lawyer Steven Wilker with the Portland-based Tonkon Torp law firm, who is representing protesters pro bono on behalf of the American Civil Liberties Union. "If they don't want to be a part of it, they have to opt out," Wilker said. Demonstrators were protesting Bush's presence during a campaign appearance in the Rogue Valley. Wilker encouraged protesters who were there that night to come forward as either witnesses or victims. "We're trying to locate individuals who were there that night," said Wilker. Wilker said that the class action for protesters restrained from leaving is one of three pieces of the federal suit, initially filed in 2006. Other portions of the case lined out by Wilker included the Secret Service's decision to move protesters two blocks away and excessive force on protesters used by local law enforcement. "We believe that these three things were unlawful," Wilker said. The suit was delayed while waiting for a U.S. Supreme Court appeal for two U.S. Secret Service agents, Tim Wood and Rob Savage, accused of violating civil rights of protesters in the case. "There's multiple stages you have to go through," Wilker said. "Some have taken longer than we've thought." The Secret Service claimed qualified immunity in the case and moved to have the case against them dismissed, according to an ACLU release. The United States District Court and Ninth Circuit Court of Appeals held that the protesters were entitled to proceed, but the Secret Service agents appealed to the United States Supreme Court. According to Mail Tribune archives, the Supreme Court unanimously ruled in favor of the Secret Service agents on May 27, 2014. Justice Ruth Bader Ginsberg noted in her court opinion that protesters "were within weapons range of his (Bush's) location" when the protesters were required to move. While those who were detained will be part of the class action, cases of alleged excessive force during the protest are proceeding on an individual basis. Wilker, who is handling some of the individual cases on excessive force, said that he would listen to any protesters who may not have previously come forward. But he said he couldn't commit to representing them without hearing the circumstances first. "Michael Moss (chief plaintiff in the federal suit) was shot with pepper munitions in the back," Wilker said. Wilker and the ACLU are seeking monetary damages against state and local police, although no specific amount was listed in the court filings. "The goal here is to vindicate our clients," Wilker said. According to the Notice of Pendency of Class Action filed Monday, the remaining defendants are Jacksonville Chief of Police David Towe, the city of Jacksonville and former Sheriff Mike Winters. Specifically, protesters in the case allege that they were unlawfully moved and then unlawfully detained by police. More information about the suit, including the full notice of class action can be found at www.aclu-or.org/content/moss-v-secret-service , by emailing [email protected] or calling Wilker at 503-221-1440. Reach reporter Nick Morgan at 541-776-4471 or [email protected]. Follow him on Twitter at @MTCrimeBeat. By Nick Morgan Mail Tribune Follow @@mtcrimebeat MailTribune.com By Nick Morgan Mail Tribune Follow @@mtcrimebeat Posted Dec. 2, 2015 @ 3:29 pm Updated at 3:31 PM » Comment or view comments Terms of Service /* $( document ).ready(function() { // Jquery mobile is trying to style the button and leaving a blank gry button on top of a white button $("#viafouracoms .vf-comment-controls li.vf-right").html(' Submit '); });*/ » STAY INFORMED Email NewsLetter Sign Up Today Sign up for our newsletter and have the top headlines from your community delivered right to your inbox. calendar Connect with MailTribune.com Facebook Twitter RSS Back to top Reader Services Reader Services Home Subscriptions Subscriber controls Contact us Submissions Photos Events Letters to the editor Corrections Announcements Obituaries Story ideas Since you asked Alerts Email Alerts RSS Feeds Text Alerts Advertise Media Kit Home Products and services Ad rates Advertising contacts Propel Marketing Mail Tribune Daily Tidings The Nickel Shop Our Valley Blogs Mobile Site Stay Informed Email newsletter Sign Up Today Sign up for our newsletter and have the top headlines from your community delivered right to your inbox. 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