Santa Fe New Mexican

Floyd protesters in Denver awarded $14M

- By Colleen Slevin

DENVER — Jurors on Friday found police used excessive force against protesters, violating their constituti­onal rights, during demonstrat­ions over the killing of George Floyd two years ago, ordering the city to pay a total of $14 million in damages to a group of 12 who sued.

The jury of two men and six women, largely white and drawn from around Colorado, returned its verdict after about four hours of deliberati­ons. The verdict followed three weeks of testimony and evidence that included police and protester video of incidents.

Lawyers involved believed it was the first trial in a lawsuit challengin­g officer tactics during the 2020 protests that erupted around the nation over the police killing of Floyd and other Blacks.

The protesters who sued were shot at or hit by everything from pepper spray to a Kevlar-bag filled with lead shot fired from a shotgun. Zach Packard, who was hit in the head by the shotgun blast and ended up in the intensive care unit, received the largest damage amount — $3 million.

One of the protesters’ lawyers, Timothy Macdonald, had urged jurors to send a message to police in Denver and elsewhere by finding the city liable during closing arguments. “Hopefully, what police department­s will take from this is a jury of regular citizens takes these rights very seriously,” he said after the verdict.

Elisabeth Epps, a lawyer and activist who was one of the protesters who sued, said the attorneys for the city she loves gaslighted the protesters during the trial, questionin­g their account of what happened. A lawyer for Denver called her a “profession­al protester” after she testified that she had attended protests and had received training about how to respond to being tear-gassed. She grew emotional talking about what it meant to have the jury side with the protesters.

The protesters said the actions of police violated their free speech rights and rights to be protected from unreasonab­le force. Jurors found violations of both rights for 11 of the protesters and only free speech violations for the other.

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