A lawyer described officers firing pepper balls at protestors and standing outside their houses.
Timothy Macdonald was one of 12 lawyers who sued Denver. He claimed that police used less-lethal weapons like pepper spray, pepper balls and foam bullets to target peaceful protestors because they were critical of their message.
“To the protest by police violence they responded brutally,” he stated during opening statements of a trial, which is believed to be first to bring a lawsuit against the tactics of the police during protests that broke out in the United States almost two years ago.
Lindsay Jordan, a Denver lawyer, said that police were subject to “unprecedented violence” from agitators and that some protesters in the lawsuit supported the illegal actions.
The lawsuit is one among many that have been filed for over 60 people who were injured or arrested during Denver’s protests.
The trial began Monday and seeks unspecified financial damage. It also requests a declaration from Denver officials that they have violated the constitutional rights of protesters, including their First Amendment right protest. The city is also required to alter its approach to protestors.
Macdonald opened his remarks by describing a student protesting against being pepper sprayed in her face. He said that he was trying to de-escalate tensions. He mentioned the case of a lawyer, who while filming protesters and police was pepper sprayed in the leg as she crossed the street towards the state Capitol.
Two women were also shot by pepper balls from police while they stood outside their house during the protest. The incident occurred within one hour of the women cursing at the police and telling them to leave their neighborhood.
Jordan claimed that Elisabeth Epps was the officer who fired the pepper balls at Jordan crossing the street. She believed Jordan was blocking traffic and trying to get her off the street.
She encouraged jurors to examine all the circumstances police faced when they examined the evidence at trial. This included a large amount of surveillance video and body camera footage.
Police have responded aggressively to protestors against police brutality in the country, leading to financial settlements, departures of chiefs and criminal prosecutions.
Officials in Austin, Texas have offered to pay more than $13 million to protesters who were injured during protests in May 2020. 19 officers were also indicted for their actions against protesters. Two Dallas police officers were last month charged with injuring protesters by firing less lethal weapons.
In 2021, however, a federal court dismissed most of the claims made by activists and civil rights groups over the forcible eviction of protesters by the police. This happened before then-President Donald Trump went to a nearby church for a photo op.
