Colorado Politics

Denver settles another federal case over 2020 protests

Denver agreed to settle another lawsuit over force used by police during the 2020 protests after George Floyd’s death in May that year.

Court records indicate the city reached a settlement July 6 with the group of four people suing, though no specific details of the agreement have been made public. The parties have agreed to file a motion to dismiss the case by Aug. 31, and City Council will have to approve the settlement.

The federal lawsuit was filed on June 4, 2020, in the earliest days of the city’s racial justice protests. The group of protesters allege Denver police gassed them without warning, shot at them with pepper balls and one, Gabriel Thorn, alleged he was shot in the head by a 40 mm launcher (though he wore a helmet at the time).

The other protesters suing – all four have brought the case on behalf of others who may have suffered similar injuries – are Agazi Abay, Amy Schneider and Michael McDaniel.

U.S. District Court Judge R. Brooke Jackson originally set a trial to start July 24. The city and protesters requested a settlement conference on June 28, court records show.

Attorneys for the city and protesters declined to comment on the settlement. However, Denver has defended the behavior of its police officers during the 2020 protests by saying they had to adapt quickly to the rapidly unfolding protests that included some protesters throwing things at officers and property destruction.

One day after the lawsuit was filed in 2020, Jackson barred Denver officers – or officers from any other agency working with the city – from using chemical weapons or “less-lethal” projectile weapons through a temporary restraining order, unless supervisors on scene authorized their use in response to personally witnessing specific acts of violence or destruction.

Jackson’s order at the time also put limitations on the manner in which police could use the weapons, such as barring them from aiming at people’s heads, pelvises or backs, firing indiscriminately into crowds and requiring orders to disperse before firing chemical weapons.

Federal judges in Colorado have shown a tendency to allow civil rights lawsuits over the 2020 protests to move forward, influenced by each other’s decisions to allow the cases since they are all based on facts from the same circumstances.

The agreement to settle comes more than a year after a highly publicized $13.75 million verdict against Denver in another case brought by a group of 12 protesters over force used by police. That judgment has not been finalized because other claims from the case against Aurora, whose officers also responded to Denver’s protests, are still pending.

The case is Agazi Abay, et al. v. City and County of Denver, et al.

FILE -Denver Police move during a protest outside the State Capitol over the death of George Floyd Saturday, May 30, 2020, in Denver. A federal jury’s $14 million award to Denver protesters injured during 2020 demonstrations over the killing of George Floyd could resonate nationwide as courts weigh more than two dozen similar lawsuits.(AP Photo/David Zalubowski, File)
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