WASHINGTON - A Washington, D.C., resident has filed a federal lawsuit against an Ohio National Guard member and four D.C. police officers, alleging his constitutional rights were violated when he was detained after his musical protest was seen as harassment by arresting officers.

Plaintiff Sam O'Hara, represented by the ACLU, was protesting the deployment of the National Guard in D.C. by walking behind troops and playing "The Imperial March" (Darth Vader's theme) from Star Wars on his phone while recording video. O'Hara believed the deployment was a "dangerous departure" from the U.S. tradition of barring troops from policing civilians.

The dispute stems from a September 11 incident in D.C.'s Logan Circle. Less than two minutes after O'Hara started his protest, Ohio National Guard Sgt. Devon Beck allegedly threatened to call the police. Following Ohio Governor Mike DeWine's directive that D.C. police, not Guard members, make arrests, Sgt. Beck contacted the Metropolitan Police Department.

Four metro officers arrived and confronted O'Hara. An officer allegedly told him, "That's not a protest," and ordered him to "stand there." O'Hara was then handcuffed for 15 to 20 minutes and released without being charged. The officers allegedly stated he was only stopped for "harassing" the Guard.

The lawsuit claims the defendants violated O'Hara's First Amendment rights to free speech and protest, arguing officials cannot punish him for making them "the punchline."

It also alleges Fourth Amendment violations, claiming O'Hara was seized without probable cause or reasonable suspicion. The complaint further alleges the officers used excessive force with unnecessarily tight handcuffs, which left marks and irritated a pre-existing shoulder injury.

The defendants, who include the Ohio Guardsman, the MPD officers, and the District of Columbia, are sued for damages and a ruling that O'Hara's rights were violated. The lawsuit also claims false arrest, false imprisonment, and battery under D.C. common law.

Governor DeWine had agreed to send 150 Ohio Military Police to D.C. in August for "presence patrols" to address rising crime, with the directive that "Our people won't make the arrests."

In a Sept. 10 update, Governor DeWine announced that the Ohio National Guard’s support would continue until Nov. 30, 2025.

Michael Perloff, senior staff attorney at ACLU-D.C., stated, “The government doesn't get to decide if your protest is funny, and government officials can’t punish you for making them the punchline. That’s really the whole point of the First Amendment.”

The lawsuit seeks compensatory and punitive damages against the individual defendants, as well as a ruling that the defendants violated Mr. O’Hara’s rights.

21 News has emailed a copy of O’Hara’s complaint to Governor DeWine’s office and is waiting for a response.