Denver must be held accountable for its violent police response to racial justice protesters in the summer of 2020, setting the stage for similar lawsuits nationwide, a federal jury in Denver decided Friday.
The city government must pay $14 million collectively to the 12 protesters who accused police of utilizing unnecessary force, including the use of tear gas, pepper spray, and rubber bullets. The decision marks the first time a jury has held a city liable for violating protesters’ First Amendment rights during the nationwide protests that occurred after George Floyd‘s death in 2020.
“VICTORY: The City & County of Denver violated the constitutional rights of our plaintiffs & was found liable for the acts of all officers at the George Floyd Protests,” said ACLU Colorado, which represented seven of the 12 plaintiffs, in a statement. “We will continue to hold the Denver Police Department accountable for their actions.”
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The verdict marks the end of the three-week trial that sought to prove the Denver Police Department’s training and policies infringed on protesters’ rights and called into question the force’s leadership team. The jury found officers violated the plaintiffs’ First and Fourth Amendment rights, pointing to specific injuries of the protesters.
One such example included Zach Packard, who suffered a fractured skull and jaw as well as a brain bleed. He was awarded $3 million in the settlement.
The trial was the first in the country to challenge police use of force against those protesting Floyd’s death, with lawyers arguing officers were not properly trained to respond.
“Denver failed to train its officers in the constitutional responses to peaceful demonstrations, despite history of such violations in the past and the clear need for such training,” the ACLU said. “Denver sanctioned and ratified the misconduct of its officers by failing to discipline them for their excessive use of force.”
The city had previously paid more than $3 million to other protesters who accused police of physical injuries, but the plaintiffs in this case rejected a similar settlement, arguing instead that officers “knowingly placed [them] in physical danger through indiscriminate use of excessive force,” the lawsuit read.
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The lawsuit initially sought $17.5 million and named more than a dozen Denver officers, commanders, and sergeants. The suit also named the city of Aurora, Colorado, as a defendant ”on the basis of its policies, customs, and practices” in its assistance of Denver police during the 2020 protests.
The jury ultimately agreed on a lower settlement, awarding nine protesters $1 million each, one protester with $500,000, Packard with $3 million, and Elisabeth Epps, the lead plaintiff, with $1.25 million.
