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Kade Young and Sydney Foreman interview Professor Cara Caddoo's lawyer regarding a tort claim she filed to the city regarding wrongful arrest and defamation of character. (Photo courtesy of Monroe County Correctional Center).

What the Farmer’s Market? Part III

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Law firm Mallor Grodner LLP filed a tort claim notice against the City of Bloomington representing activist and academic Cara Caddoo.

A tort claim is a civil case brought against a party if it caused the plaintiff suffering, loss or harm – resulting in legal liability. The law firm said Caddoo was wrongfully arrested at the Bloomington Farmers Market in late July 2019 when she protested Schooner Creek Farm’s market vendor booth for their ties to the American Identity Movement.

Cara Caddoo is an Associate Professor in the Department of History and an Associate Professor in the Media School at Indiana University. According to her I.U. biography, she is a historian of film, mass media, race and African American history.

Caddoo’s lawyer, Geoffrey Grodner, said she is seeking $500,000 worth in damages for wrongful arrest and defamation of character.

The city says the market’s designated free-speech area is in Information Alley. It argues this allows for time, place and manner restrictions on free speech.

However, activists argue time, place, and manner restrictions, limits their free speech, while granting speech rights to controversial vendor, Schooner Creek Farm.

Mr. Grodner said he feels Caddoo has a strong case against the city. He said the city had no authority to arrest Caddoo in a public space.

According to the claim, the rules under which Caddoo was arrested, were drafted by an ad hoc committee but were never officially adopted by the city.

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The Notice

The law firm attached a notice of the tort claim on behalf of Cara Cadoo along with the press release.

It addresses the City, saying that Professor Cadoo may pursue claims against the city for, “wrongful arrest, defamation of character, intentional infliction of emotional distress and under 42 U.S.C Section 1983 for deprivation of rights, privileges or immunities protected by the First, Fourth and Fourteenth Amendments of the United States Constitution.”

According to the Foundation for Service and Fairness to All Citizens, Section 1983 provides a private remedy for violations of Federal Law.

In the notice, attorney Geoffrey Grodner said Professor Caddoo was arrested without probable cause for peacefully holding a sign informing the public of Schooner Creek’s Identity Evropa ties.

The attorney argued that Bloomington police did not arrest individuals at the farmer’s market who were actively threatening and intimidating farmers market patrons.

Instead, Grodner said police selectively targeted Cara Caddoo for arrest in spite of the fact she was not intimidating the public nor was she carrying a weapon.

The document says that Cara Caddoo holds tort claims against the City, including the Mayor, the Bloomington Police Department, the Parks and Recreations Department and the Board of Park Commissioners.

Grodner said the case goes deeper than what is on the surface. He wants to drive home that the city needs checks and balances in place to ensure elected officials don’t take advantage of public spaces.

In late July, Caddoo showed up to the farmer’s market to protest Schooner Creek Farm.

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AIM and the Three Percenters

On July 29th, 12 to 20 members of The Three Percenters demonstrated their support and protection of Schooner Creek Farm. This group was founded to combat gun regulations of President Obama’s Administration. The Three Percenters have been called an armed militia, although they deny this status. However, members are known to be armed at protests and rallies.

Mallor and Grodner’s legal notice claims The Three Percenters harassed and physically intimidated market visitors.

That same day, Cara Caddoo was arrested for holding a sign that read in all capital letters “SCHOONER CREEK FARM IS OPERATED BY MEMBERS OF IDENTITY EVROPA.”

At the bottom of the sign, Caddoo said Identity Evropa was recently rebranded as the American Identity Movement.

Some interpret the rebrand as an overshadowing of the American Indian Movement, founded in the late Sixties. The initials of the American Identity Movement match the initials to the American Indian Movement—both use AIM as a by-name.

In 2017, Identity Europa helped to plan the Unite the Right Rally in Charlottesville, Virginia, which resulted in one death and dozens injured.

In the same year, it was alleged that members of Identity Evropa posted flyers targeting minority faculty members at Indiana University. Cara Caddoo was one of the professors targeted.

The flyers showed pictures of Greek statues and read, “our future belongs to us.”

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The Arrest

On July 29th, Cara Caddoo was asked by employees of the city’s Parks and Recreations Department to leave the market. She refused.

Then, police told her to leave. Again, she refused. Cara Caddoo was arrested for criminal trespass by city police. She was escorted by at least six police officers. She was then booked.

As for the case for defamation of character, Caddoo’s attorney argues that the city released her address, which was printed in the Herald Times.

According to the press release, the City of Bloomington has 90 days under Indiana law to respond to the tort claim notice.

For more on the Bloomington Farmers Market controversy, click here for in-depth analysis from the Limestone Post. 

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