The District of Columbia agreed on Thursday to pay a resident to settle a lawsuit in which he accused city police officers of wrongfully arresting him as he protested the deployment of the National Guard in the nation’s capital last year.
The chapter of the American Civil Liberties Union in Washington filed a notice in federal court saying that city officials had agreed to pay an undisclosed sum to the plaintiff, Sam O’Hara, in exchange for being released from the lawsuit. Scott Michelman, the legal director of the A.C.L.U. chapter, said that the settlement “was a significant amount Mr. O’Hara is pleased with but that we are not disclosing to respect Mr. O’Hara’s privacy.”
“Our right to free speech grants us the freedom to criticize the government,” Mr. Michelman added. “Government officials don’t have to like it, but they can’t punish someone for their speech.”
The district attorney general’s office, which represents the city in court, did not immediately respond to a request for comment.
Mr. O’Hara, 35, was protesting by filming National Guard troops at a distance and playing “Imperial March,” also known as the theme song for Darth Vader and his Stormtroopers. By the time of Mr. O’Hara’s arrest, videos of his protest had been seen by millions on TikTok. As of last week, Mr. O’Hara had engaged in these demonstrations continually for nearly 10 months.
On Sept. 11, Mr. O’Hara, 35, played the song as several Guard members, including Sgt. Devon Beck of the Ohio National Guard, were patrolling in a Washington neighborhood. Sergeant Beck threatened to call the police to “handle” Mr. O’Hara if he continued and followed through on his promise. City police officers put Mr. O’Hara in handcuffs to prevent him from continuing his protest, according to the lawsuit. The police eventually released Mr. O’Hara without charges.
The Metropolitan Police Department said in a statement that “the incident was referred to M.P.D.’s Internal Affairs Bureau,” but it is unclear whether the officers named in the suit — Tiffany Brown, Edward Reyes-Benigno and Alfonso Lopez Martinez — were disciplined for their roles. The statement also said that the settlement did not require any change in department policy.
“M.P.D. recognizes the importance of upholding First Amendment rights of individuals to peacefully express their views and is dedicated to facilitating lawful demonstrations while maintaining public safety and order,” the statement said.
Mr. O’Hara and city officials had reached “a settlement agreement in principle” in February, according to a court filing, and the case against the police officers was granted a partial stay while details of the agreement were being finalized.
Mr. O’Hara’s case against Sergeant Beck, who is being defended in the case by Justice Department lawyers, continues.
