In 2004, photographer Mark Burdett was shooting a protest rally against the Iraq War on Market Street, when police, mistakenly thinking he had knocked over a motorcycle, forced him down and broke his thumb while making an arrest.

Burdett sued the police for false arrest, at which point they accused him of jaywalking during the incident. Last year, the Ninth Circuit Court of Appeals upheld a ruling to dismiss his claim.

Last night, Colbert got a hold of the story and had his way with it:

  • Account and video of the 2004 march from Indybay
  • Full text Ninth Circuit Court decision
  • Hat tip to SFist.


Jon Brooks

Jon Brooks writes mostly on film for KQED Arts. He is also an online editor and writer for KQED's daily news blog, News Fix. Jon is a playwright whose work has been produced in San Francisco, New York, Italy, and around the U.S.

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