Denver police ordered to stop using tear gas and plastic bullets in
protests
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[June 06, 2020]
By Keith Coffman
DENVER (Reuters) - A U.S. District Court
Judge ordered Denver police on Friday to stop using tear gas, plastic
bullets and other "less-than-lethal" force such as flash grenades
against protesters.
The temporary injunction was in response to a local lawsuit filed on
Thursday in the Denver District Court by protesters complaining about
excessive force used by officers during public demonstrations following
the death of an unarmed black man, George Floyd, in police custody in
Minneapolis last month.
The ruling cited examples of protesters and journalists being injured by
police.
"Peaceful demonstrators' legitimate and credible fear of police
retaliation is silencing their political speech," it said.
The death of Houston native Floyd during his arrest for a non-violent
offense has touched off national protests against the use of force by
police.
Video of Floyd's arrest show an officer holding his knee on Floyd's neck
for almost nine minutes.
In Denver, throngs of marchers have gathered around the state Capitol
every day for more than a week, chanting and carrying signs protesting
Floyd's killing.
Some people among the mostly peaceful crowd broke windows in the state
Supreme Court building and a nearby museum overnight on May 29. Some
store front windows were smashed and looters made off with merchandise.
While the lawsuit, brought by four activists, acknowledged that some
demonstrators "engaged in destructive behavior," and it also said the
vast majority were peaceful.
"Nonetheless, the Denver Police Department ... and other police
departments at their invitation, have engaged in injurious riot control
tactics without issuing clear warnings and orders to disperse," the
complaint said.
At least one woman sustained a serious eye injury when she was struck by
a projectile, the lawsuit said.
'EXTREME TACTICS'
The court ruling cited numerous instances, captured on video, of police
using tear gas, projectiles and other measures against peaceful
protesters engaged in their U.S. Constitutional rights to gather and
protest.
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Demonstrators face off with police in riot gear near the Capitol
building, to protest Monday's killing of African-American man George
Floyd in Minneapolis by a white police officer, in Denver, Colorado,
U.S., May 28, 2020 in this image obtained from social media.
Courtesy of Madison Lauterbach/Ms. Mayhem Magazine/@MsMayhem_Mag via
REUTERS
Journalists were also specifically targeted and shot with
projectiles, "while in the process of documenting the scene," the
ruling said.
In his decision, U.S. District Judge R. Brooke Jackson said that
Denver police had "failed in its duty to police its own."
"If a store's windows must be broken to prevent a protester's facial
bones from being broken or eye being permanently damaged, that is
more than a fair trade," Jackson wrote in his 10-page ruling.
"These are peaceful demonstrators, journalists, and medics who have
been targeted with extreme tactics meant to suppress riots, not to
suppress demonstrations."
Tyrone Campbell, a Denver Police spokesman, said that the force
would comply with the judge's order.
Milo Schwab, an attorney for four of the plaintiffs, told Reuters
that the ruling was "a humbling victory."
"This will ensure that people protesting police brutality are not
subject to police brutality," he said. "Demonstrators in Denver are
now safer from police brutality than anywhere else in the country."
(Reporting by Keith Coffman in Denver; Writing and additional
reporting by Rich McKay; Editing by Christian Schmollinger, Pravin
Char and Mark Potter)
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