PARTIES AND JURISDICTI ON

1. Pl ai nt if fs J am es T ur tu ri ce I II , Ti mo th y Sm it h, Ka th y S mi th , Be n Sha pi ro , Aj oy

Gill and Steve Larson are natural persons who reside in the Northern District of Ohio.

2. De fe nd ant Ci ty of C le ve la nd i s a m uni ci pa l co rp or at io n or ga ni ze d an d ex is ti ng

under the laws of the State of Ohio. Defendant Frank Jackson, named in his official capacity

only, is its Mayor and chief ex ecutive officer.

3. Ju ri sd ic ti on is co nf er re d u pon th is Co ur t b y 2 8 U .S .C . § 1 33 1, th is be in g a ci vi l

action arising under the Constitution and the laws of the United States. Jurisdiction is also

conferred upon this Court by 28 U.S.C. § 1343(a)(3) and (4), 28 U.S.C. §§ 2201 and 2202 and 42

U.S.C. §§1983 and 1988, this being an action for declaratory judgment, equitable relief and

damages authorized by law to redress deprivations under color of law of rights, privileges and

immunities secured by the Constitution of the United States.

4. At a ll t im es p er ti ne nt t o th is C omp la in t, a nd i n ta ki ng a ll o f th e ac ti ons des cr ib ed

in this Complaint, Defendant, its officers, agents and employees, acted and threaten to act under

color of law and were effecting, and will effect, the custom, policy and laws of the City of

Cleveland and the State of Ohio.

FACTS GIVING RISE TO PLAINTIFFS’ CLAIMS

5. Si nce in o r ar ou nd t he f ir st we ek o f O ct obe r 2 01 1, a gr oup of i nd iv id ua l ci ti ze ns

has associated together for the purposes of peaceably assembling and associating to express their

political opinions, petition the government for the redress of grievances and engage in

constitutionally protected expression on and in Public Square in Cleveland, Ohio. The group is

known as “Occupy Cleveland.”

6. Am ong th e i ss ue s o n w hi ch t he m em be rs of Oc cup y Cl eve la nd h av e e xpr es se d

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