Judge grants partial ban on use of less-lethal devices during protests
A federal judge has partially granted a request for a temporary restraining order on the Denver Police Department’s use of less-lethal weapons against protesters.
The order from U.S. District Judge Brooke Jackson, which was handed down Friday night, bans officers from using any kind of chemical weapons or projectiles against peaceful protesters unless an on-scene supervisor at the rank of supervisor or above “specifically authorizes such use of force in response to specific acts of violence or destruction of property that the command officer has personally witnessed.”
The order also states:
- Kinetic Impact Projectiles (“KIPs”) and all other non- or less-lethal projectiles may never be discharged to target the head, pelvis or back.
- KIPs and all other non- or less-lethal projectiles shall not be shot indiscriminately into a crowd.
- Non-Denver officers shall not use any demonstration of force or weapon beyond what Denver itself authorizes for its own officers.
- Any non-Denver officer permitted to or directed to be deployed to the demonstrations shall be considered an agent of Denver such that Denver shall ensure such officer is limiting their use of force to that authorized by the Defendant.
- All officers deployed to the demonstrations or engaged in the demonstrations must have their body-worn cameras recording at all times, and they may not intentionally obstruct the camera or recording.
- Chemical agents or irritants (including pepper spray and tear gas) may only be used after an order to disperse is issued.
- Any and all orders to disperse must be followed with adequate time for the intended audience to comply, and officers must leave room for safe egress. If it appears that the intended audience was unable to hear the order, the order must be repeated prior to the use of chemical agents or irritants.
Jackson modified that part of the order Saturday at the request of the police department to say lieutenants could also approve the use of the weapons; the city had argued it did not have enough captains to safely comply.
A class action complaint filed Thursday in Denver District Court claimed DPD cannot be trusted with the use of less-lethal weapons against protesters, and that its officers use them without regard to the constitutional rights of protesters and bystanders.
In his decision letter, Jackson said he decided to partially grant that request so that the actions of police are not impeding protesters’ rights to free speech. However, he also said he wanted to ensure the order does not prevent officers from protecting themselves or others.
“I seek to balance citizens’ constitutional rights against officers’ ability to do their job,” the order reads in part. “However, the time is past to rely solely on the good faith and discretion of the Denver Police Department and its colleagues from other jurisdictions.”
DPD responded to the ruling on Twitter late Friday night, saying that they will comply but take issue with the camera ruling.
“A federal judge issued a Temporary Restraining Order (TRO) clarifying DPD use of non-lethal dispersant devices. In the meantime, we will comply with the judge’s directions, many of which are already in line with our community-consulted Use of Force Policy,” they wrote. “We are asking for modifications to the Order that would account for limitations on staffing and body-worn cameras so the directions can be operationalized.”


