MOUNT DESERT, Maine — A demonstrator arrested outside the home of conservative legal activist Leonard Leo contends police violated his First Amendment rights.
Eli Durand-McDonnell, 24, of Bar Harbor, contends in a federal lawsuit filed Thursday that two police officers singled him out among several dozen demonstrators at Leo's behest. He was charged with disorderly conduct, but the charges were later dropped.
The arrest was made during a demonstration last summer after the U.S. Supreme Court repealed the nationwide right to an abortion.
Leo, co-chairman of the conservative legal group The Federalist Society, helped to guide former President Donald Trump’s efforts to reshape the federal judiciary, providing a list of potential Supreme Court nominees and galvanizing support for them.
Police were called to Leo's Northeast Harbor home by his private security detail on July 31, 2022, and a police officer’s microphone captured a discussion in which Leo acknowledged the demonstrators weren’t on his property. Leo singled out Durand-McDonnell for allegedly cursing at him and his family earlier in the day. “I think it’s time for us to press some charges,” Leo said.
Leo is not being sued. The lawsuit targets the two officers. A message left for the officers wasn't immediately returned.
Durand-McDonnell contends he was exercising his First Amendment rights and that Maine law also required an officer to witness the conduct to make a misdemeanor arrest.
