Colorado Politics

Denver to pay $500,000 to student shot by police during George Floyd protest

The city of Denver will pay $500,000 to a college student who was shot in the eye by Denver police while protesting after the death of George Floyd.

The Denver City Council unanimously approved the payout Monday without discussion, settling the lawsuit filed against the Denver Police Department in October 2020. The $500,000 will be payable to the civil rights firm Killmer, Lane & Newman’s client trust account.

Michael Acker was shot in the eye by a 40mm baton round fired by police on May 28, 2020. The shot broke the glass on the gas mask Acker was wearing, shattering glass in his eye and eyelid. Though his eyesight ended up being okay, Acker required seven stitches on his forehead, two on his nose and three on his upper eyelid, the lawsuit said.

“Rather than protecting and serving, Denver officers in these protests were a roving gang cosplaying as an occupying military force,” the lawsuit said. “As a result, peaceful protesters against police brutality suffered unprecedented brutality by Denver police officers.”

The lawsuit named Police Chief Paul Pazen, Cpl. Daniel Felkins and Sgt. David Abeyta. It claimed that Pazen approved the use of force, Felkins fired the shot and Abeyta was present when the round was shot and didn’t intervene.

Acker and hundreds of other people were demonstrating on a Platte Street sidewalk near Confluence Park leading up to the incident. Acker was helping a woman who had been shot with multiple pepper balls fired by police when he was shot, the lawsuit said.

Felkins later claimed he was not aiming for Acker’s eye and that he fired the shot at him because he thought Acker might have thrown a rock at police, which Acker’s attorney denied.

The lawsuit alleged that Denver police violated Acker’s First Amendment rights and used excessive force. The lawsuit also cited 18 other instances of people being injured by Denver police during the protests.

“It’s not just about this protest,” Killmer, Lane & Newman associate Andy McNulty said when the lawsuit was announced. “The protest and the way that they were policed are a symptom of the overall disease within the Denver Police Department of using gratuitously excessive force and responding to any criticism of the police with police violence.”

The police department’s internal investigation into the incident is ongoing. No disciplinary actions have been brought against any of those involved, though Felkins retired from the force last summer, according to police. The police department has declined to comment while the investigation is active.

On Monday, the Denver City Council also approved a $250,000 settlement for a lawsuit filed against the Denver Sheriff Department. Details about the lawsuit were not available Monday, but the payment was designated to Lauren Flores for “compensatory damages.”

Demonstrators attend to Michael Acker’s injury after he was hit in the eye by a baton round during a protest on May 28, 2020. Acker filed a lawsuit against Denver and members of the city’s police department for use of force during the spring and summer’s protests over police violence.
Photo provided by Andy McNulty

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