Federal appeals court upholds decision against Denver police, city in protest case
The Tenth Circuit Court of Appeals upheld the decision that the city of Denver and Denver police officers violated the constitutional rights of protestors in May 2020. According to the ACLU of Colorado, the federal appeals court ruled that the city of Denver is liable for unconstitutional uses of force and violations of the First Amendment against 12 protesters.
The Tenth Circuit Court of Appeals ruling was released on Tuesday afternoon. It centers around the dozen protesters who claim to have been targeted by Denver police officers who shot them with pepper balls and rubber bullets and used tear gas on them.
"This outcome is monumental and should be a lesson to law enforcement across the country. No police officer or municipality can escape accountability for their violence against people exercising their sacred right to peacefully protest," said Tim Macdonald, ACLU of Colorado legal director, in a statement. "Our brave plaintiffs have endured enormous hardship for standing up in defense of Black lives and police accountability. This ruling is one step closer to justice for them, their loved ones, and all Coloradans concerned about police violence."
The court rejected arguments from the city of Denver and upheld previous findings that the city failed to properly train officers, which led to the violence.
During the first trial in March 2022, in which the jury found in favor of the plaintiffs, the city painted a much different picture of the protests, saying the crowds were more violent and destructive than they had expected. The final amount awarded to the plaintiffs involved was $14 million.
In response to Tuesday's ruling, the Denver City Attorney's Office told CBS Colorado they are reviewing the decision and evaluating their next steps.
The federal appeals court also ruled on Tuesday that former Denver police officer Jonathan Christian violated the Fourth Amendment rights of former state representative and activist Elisabeth Epps when he shot her with pepper balls while she was crossing the street.
As of November 2023, Denver's City Attorney's Office had paid seven outside law firms a total of $1,851,048.53 to litigate, then ultimately settle 20 lawsuits filed in connection with the 2020 George Floyd protests that alleged excessive force, civil rights violations and police misconduct.
In August 2023, the Denver City Council approved a $4.7 million settlement to more than 300 Black Lives Matter protesters from 2020. That settlement was separate from the $14 million payout to protesters awarded by a jury in 2022.
