Los Angeles Times

Lawsuit alleges protester hurt by LAPD projectile

- By Kevin Rector

An anti-Trump protester has alleged in a new federal lawsuit that a Los Angeles police officer broke two of his vertebrae by shooting him in the back with a projectile as he was moving other demonstrat­ors away from a police skirmish line in Tujunga in August.

Zeeshan Khan’s complaint, filed last week, alleges Khan had been acting as a peacekeepe­r to prevent physical clashes between anti-Trump and pro-Trump demonstrat­ors and between rally participan­ts and police, and that he was shot despite representi­ng no threat to the officers.

“He is a gentle giant, and was acting like one,” the complaint states.

“He can be seen in photos and on video keeping counter-demonstrat­ors away from pro-Trump demonstrat­ors, de-escalating tension and preventing fights from breaking out.”

Khan’s complaint included a link to online video of the incident that showed Khan — distinct in the crowd given his large size and denim jacket — placing himself between police in riot gear and anti-Trump demonstrat­ors with his arms out to the side and his broad back to the police.

The video then shows Khan walk slowly away from police to the edge of the street and standing at the street curb, still with his arms out and his back to police, when he appears to be shot in the back by an officer in the middle of the street. The officer appears to be using a projectile shotgun that fires beanbag rounds.

“The video evidence is unmistakab­le,” Khan’s complaint states. “Mr. Khan immediatel­y collapsed, and had to be helped out of the area because he could not walk on his own.”

In addition to the beanbag rounds, other, 40-millimeter hard-foam projectile­s were used by LAPD officers that day.

The complaint alleges that both anti-Trump and pro-Trump demonstrat­ors had been “engaging in similar raucous but constituti­onally protected behavior,” but that the LAPD had “turned on the anti-Trump demonstrat­ors” to drive them out of the street with projectile­s.

The suit seeks unspecifie­d damages for Khan, and names as defendants the city of L.A., the LAPD, Police Chief Michel Moore and Officer Aaron Green, whom it accuses of firing the projectile.

Capt. Stacy Spell, an LAPD spokesman, said the LAPD is aware of the incident but could not comment on it due to “an ongoing administra­tive personnel complaint investigat­ion” and the pending litigation.

At the time of the incident, the LAPD said that officers with the Foothill Division were sent to the area of Lowell Avenue and Foothill Boulevard due to clashes between a crowd of about 100 supporters of then-President Trump and about 200 counterpro­testers.

Police said they declared the gathering unlawful after witnessing a counterpro­tester hit a Trump supporter with a pipe, and then gave an order for everyone to disperse. Police said objects were thrown at officers, which led to them using the projectile rounds to clear the street.

Khan went to a local emergency room that day and the next day was diagnosed with two broken vertebrae and a sprained ankle, his complaint states.

His lawsuit followed — and cited — recent reviews of the LAPD’s handling of mass protests in the months prior to Khan’s injury that found police officers weren’t properly trained to use the projectile weapons the department issued.

Khan’s lawsuit came just days before a federal judge in a separate lawsuit over the LAPD’s tactics in handling protests placed new restrictio­ns on the department’s use of certain hard-foam projectile­s that have harmed protesters in the last year.

The order led the LAPD to announce an immediate moratorium on projectile­s that fire 37-millimeter hardfoam rounds, as well as new restrictio­ns on 40-millimeter rounds.

Neither the LAPD nor the judge put new restrictio­ns on beanbag rounds, but the LAPD did urge officers firing projectile weapons to use extra caution and to try to record on their body cameras the reasons they have for firing such munitions.

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