Denver must pay $14 million for violating the civil rights of a group of protesters injured by police during the 2020 George Floyd protests, the 10th U.S. Circuit Court of Appeals ruled Tuesday.
The federal court agreed that the city is liable for “unconstitutional force” used by Denver Police Department and other officers against 12 protesters during the demonstrations between May 28 and June 2, 2020.
The protesters sustained a range of injuries, from inhaling tear gas to hearing loss from flash-bang grenades and being hit by rubber bullets and pepper balls. One protester’s skull was fractured and neck broken when Denver police shot him in the head with a lead-filled Kevlar bag, according to court records.
Evidence from the 15-day trial showed Denver police officers and officers from other jurisdictions “excessively and indiscriminately used less-lethal munitions against peaceful protesters,” the court wrote Tuesday.
After the 2022 trial, the jury awarded the group monetary damages — $3 million to the protester who had the worst injuries, $1 million each to 10 of the protesters and $750,000 to the 12th protester.
But Denver officials appealed the jury’s verdict and argued that the lower court made a slew of mistakes during the trial, including giving incorrect guidance to the jury on legal theories and allowing testimony from the city’s independent monitor, who issued a 94-page investigative report on the police department’s actions during the protests.
Denver officials also argued that there was not enough evidence to support the claims that the city’s failure to train officers caused officers to violate protesters constitutional rights.
“We reject Denver’s arguments and uphold the jury’s verdict,” the court wrote. “We do so based specifically on the jury’s finding that Denver inadequately trained its officers.”
In an email Wednesday morning, Denver City Attorney’s Office spokesperson Melissa Sisneros said the office is reviewing the court’s decision and evaluating next steps.
The American Civil Liberties Union of Colorado and attorneys for the protesters applauded the court’s decision in statements Tuesday.
“This outcome is monumental and should be a lesson to law enforcement across the country. No police officer or municipality can escape accountability for their violence against people exercising their sacred right to peacefully protest,” said Tim Macdonald, ACLU of Colorado’s legal director.
Attorney Elizabeth Wang with the law firm Loevy + Loevy said the group is pleased the court “denied Denver’s attempts to shirk responsibility for the abuses of its officers.”
Wang, who represented five of the protesters, added that the compensation was an important part of the case.
“But more important is the message this sends to the city of Denver and police forces across the country: The police cannot use excessive force against peaceful demonstrators whose message they disagree with,” she said in a statement.
The appeals court on Tuesday also upheld a related ruling that Denver police Officer Jonathan Christian used excessive force against former state Rep. Elisabeth Epps when he shot her with a pepper ball while she was crossing the street during the 2020 protests.
The court agreed with the jury’s finding that Christian violated Epps’ Fourth Amendment rights by using excessive force against her, the court wrote.
Christian initially was ordered to pay Epps $250,000 in punitive damages, but the judge later reduced that amount to $50,000. His attorney did not respond to a request for comment.
