Activist in Continuing Paducah Nuclear Workers Dispute Files Federal Civil Rights Complaint

Updated 4 weeks ago by Tony E. Rutherford, News Editor
Depleted Uranium Canisters
Depleted Uranium Canisters

An activist on behalf of Paducah Gaseous Diffusion Plant nuclear workers seeking federal compensation for covered up exposures to radioactive elements such as plutonium has filed suit in Federal Court alleged that Cold War Patriots, a group that champions exposed workers, the Paducah Police Department, and City of Paducah violated his civil rights.

 

Gary Vander Boegh asserts he was falsely arrested and deprived of civil rights on or about August 10, 2017, after parking his vehicle on a public lot outside the McCracken County Julian Carroll Convention Center. He and another individual intended to attend an open public meeting of the Cold War Patriots.

About a year earlier, Vander Boegh had an alleged disagreement taping a portion of a Cold War Patriots meeting. He was arrested but the charges were dismissed.

Vander Boegh on August 10 asked for a police presence, according to the federal civil rights complaint filed August 10 in the District Court for the Western District of Kentucky Paducah Division.

However, the plaintiff announced two days prior at a city commission meeting his intention to attend the August 10 Cold War Patriot meeting with a number of his clients. Vander Boegh operates Commonwealth Environmental Services which advocates for compensation under the Energy Employees Occupational Illness Compensation Program Act (EEOICPA) to ask questions of Department of Energy (DOE) and Department of Labor (DOL) representatives attending the meeting.

According to the lawsuit at least three officers approached the plaintiff and one replied that he could not park on a "private parking lot." 

The plaintiff responded, "I thought this was a public parking lot."

At that time , the plaintiff asserts that the officers pinned him against his vehicle , twisted his right arm behind his back, and damaged his rotatorcuff due to excessive force.

Vander Boegh was arrested, forced to undress and wear an orange uniform and placed in a holding cell. Four hours later he was released on his own recognizance. 

Seeking compensatory and punitive damages at a jury trial, the plaintiff alleges that his first amendment right to petition the government for redress, his fourth amendment right against an unreasonable seizure, and his 14th amendment rights were violated by one or more defendants. 

A copy of the complaint is available for PDF download on the site.

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