Denver Federal Court Hears First Lawsuit Over Police Response To George Floyd Protests
DENVER (CBS4) - Denver Federal District Court became the spot Monday for the first federal lawsuit to make it to trial over police reaction to George Floyd protests among many across the country. The suit pits 12 protestors who say they were injured by police weapons and tactics versus the city, claiming the City and County of Denver failed to properly train police staff in the use of less lethal weapons and crowd control.
"All of the 12 plaintiffs in this case were peacefully protesting," said Sara Neel, senior staff attorney for the ACLU of Colorado, representing the majority of the protestors. "They were out there to raise their voices and to protest against police brutality. They were expressing their First Amendment rights. They were exercising their First Amendment rights in this case and were responded to with violence from the Denver Police officers."
The city for its part argued that 70 police officers were injured in melees around the rioting and that they were up against "unprecedented violence and destruction." Attorneys for the city claimed some of the 12 came back to the protests repeatedly, even after curfew hours, once they were initiated in the late May and early June 2020 protests.
Neel says they were not among those acting violently toward police.
"We allege that the facts will show in this case that none of our plaintiffs were participating in any violence against police officers or property whatsoever."
The city has already paid out settlements in the millions to people over the handling of the protests. Plaintiffs are seeking unspecified damages claiming many were injured by projectiles and other "less-lethal" weapons as police termed them.
"Even Denver officers indicate that these are less lethal weapons, but they are not non-lethal weapons," said Neel.
Some were hit in the chest, back and one of clients was hit in the head and was hospitalized. The city claimed in opening statements there were sufficient warnings before the use of the weapons, but the plaintiffs claim there were not.
Denver Police would not comment ongoing litigation, but pointed to recommendations agreed to after the Independent Monitor's review of DPD's response to the George Floyd Protests.
Among them, the use and tracking of less-than-lethal munitions, documenting use-of-force during protests, requiring cameras and officer identification be worn and used, improving dispersal orders and more training with mutual aid partners.
"We are happy for whatever changes Denver is making to make their police force better and more responsive and less violent towards peaceful protestors. But we do believe that more changes are necessary."
The case is expected to go on for three weeks.
