The first civil trial arising from the Port of Olympia protests two years ago won't begin today, the result of a scheduling conflict.

The trial, prompted by a lawsuit filed in U.S. District Court in Tacoma by William Hamilton and Larry Mosqueda, will begin Tuesday at the earliest. They claim that the city and Olympia police officers violated their civil rights as part of efforts to clear the roads of protesters so military equipment could be returned to Fort Lewis.

The jury trial had been scheduled to begin today. It was delayed because U.S. District Court Judge Robert Bryan, who will preside over the proceeding, is the jurist on another case scheduled to go to trial today.

The attorneys for both sides have asked Bryan to set a firm trial date if Tuesday is unavailable.

Hamilton alleges that three officers pepper-sprayed him even though he was demonstrating in a “safe area” that at least one city employee had designated near the protest site Nov. 10. He alleged that the next day, two officers struck him with batons and two others hit him with pepper-spray projectiles as he attempted to use the crosswalk at Franklin and Market streets, ground zero for the encounters between protesters and law enforcement.

Mosqueda alleged he was hit with pepper spray Nov. 10 during a protest at Fourth Avenue and Plum Street.

In an earlier ruling, Bryan allowed several of the plaintiffs’ claims to go forward.

Neither man was arrested.

The jury will decide whether the city’s actions violated the plaintiffs’ Fourth Amendment protection against unlawful seizure through the use of excessive force, as well as their First Amendment right to free speech. The plaintiffs claim the city followed through on an official policy to use force on war protesters to chill their free-speech rights, and to use pepper spray and other chemicals to move people who did not present an immediate threat to anyone’s safety.

The jury also will determine whether the six officers violated Hamilton’s First and Fourth amendment rights. Bryan has dismissed Mosqueda’s First and Fourth amendment claims because Mosqueda wasn’t able to identify the officer who sprayed him.

Lastly, the jury will decide whether the defendants committed battery and negligence under state law in their dealings with Hamilton. Mosqueda’s claims were dismissed because he couldn’t identify the officer.

The city and officers deny the allegations. They contend Hamilton was not pepper-sprayed but felt the effects of the chemical directed at someone else. They also argue that the officers took the actions against Hamilton the following day as he tried to bully his way through a police cordon. They say Mosqueda refused to comply with the officer’s orders and obstructed attempts to bring an unruly crowd under control.

Both plaintiffs, the six officers and Olympia Police Chief Gary Michel are expected to testify.

Hamilton and Mosqueda seek damages to be determined by the jury.

Christian Hill: 360-754-5427

chill@theolympian.com