A federal judge ordered police in Columbus, Ohio, to halt using force, including tear gas, pepper spray, and rubber bullets, against nonviolent protesters, saying law enforcement officers ran “amok” during demonstrations over the death of George Floyd in Minneapolis.
Judge Algenon Marbley of the U.S. District Court for the Southern District of Ohio granted the motion for a preliminary injunction by the 26 plaintiffs who protested last summer, ruling that “unfortunately, some of the members of the Columbus Police Department had no regard for the rights secured by this bedrock principle of American democracy” and adding that Columbus police used force “indiscriminately” and without provocation amid widespread protests last May and June. The plaintiffs sought declaratory and injunctive relief, compensatory damages for injuries, punitive damages from department defendants, and attorneys’ fees, arguing their First and Fourth Amendment rights were infringed.
The lawsuit also accused CPD of collective punishment. In one instance, police responded to a single protester who threw a water bottle by indiscriminately pepper-spraying or tear-gassing an entire group, Marbley added, saying police sometimes failed to give audible or adequate time to disperse before resorting to non-lethal force.
“In other words, there was no time for protesters to react,” Marbley said.
One plaintiff was struck by a projectile at the same time authorities ordered protesters to vacate the area, according to video referenced to the injunction.
A 31-year-old plaintiff had a shattered knee tied to police use of force and was not able to walk for five months, according to Marbley’s order.
“Multiple witnesses testified to their physical and emotional injuries suffered at the hands of CPD officers while exercising their fundamental rights to assemble and protest” last summer, the judge wrote.
The injunction says Columbus officers are banned from using methods of “non-lethal force” against nonviolent protesters, including those who are chanting, occupying streets, or verbally confronting officers. Those methods include barring the use of flash-bang grenades, rubber bullets, batons, and shoving.
Democratic Mayor Andrew Ginther recently asked the Justice Department to investigate the city’s police department following the death of Ma’Khia Bryant, a teenager who was shot by an officer after he responded to a scene of a fight in which she drew a knife on another person.
Floyd, a 46-year-old black man, died in May 2020 after being arrested on suspicion of using a counterfeit bill. Former police officer Derek Chauvin was seen placing his knee on Floyd’s neck for more than nine minutes as Floyd repeatedly said he could not breathe. Floyd died following the incident.
Chauvin, a 45-year-old white man, was convicted of second-degree murder, third-degree murder, and second-degree manslaughter and could now face up to 40 years in prison. At the time of Chauvin’s conviction on April 20, the judge announced that his sentencing trial would take place in eight weeks.
Floyd’s death, along with other high-profile cases such as Bryant and Daunte Wright, sparked nationwide protests, with some localities even calling in the National Guard to maintain order.
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Some states have cracked down on demonstrations via “anti-riot” measures. On April 19, Florida Gov. Ron DeSantis signed an “anti-rioting” bill that subjects local government decisions to reduce police funding to state-level administrative review and increases penalties for people who participate in a riot.
“We saw last summer some of the local governments were actually telling, not necessarily in Florida but throughout the country, basically telling these folks to stand, telling police to stand down while cities burned, while businesses were burned, while people were being harmed,” DeSantis said before signing the bill. “That’s a dereliction of duty.”
The Washington Examiner reached out to the Columbus Police Department but did not immediately receive a response.
