The city of Denver has petitioned the United States Supreme Court to temporarily block a $14 million payment to twelve individuals who sustained injuries during demonstrations in 2020 following George Floyd’s death. The emergency application, filed Wednesday, seeks to prevent enforcement of a jury verdict that found Denver police violated protesters’ constitutional rights through excessive use of force.
The case stems from widespread demonstrations against police brutality that erupted across the nation in May 2020. In Denver, twelve protesters filed suit after law enforcement officers deployed what authorities termed “less-lethal” munitions during the demonstrations. According to court records, officers used tear gas, smoke canisters, pepper balls, rubber bullets, and pepper spray against participants in the protests.
Among the injured was Zach Packard, who suffered severe injuries when a pepper ball projectile struck him in the head. The impact, from what court documents describe as a lead-filled Kevlar bag, fractured his skull, broke his neck, and rendered him unconscious. Another plaintiff, Stanford Smith, received a direct spray of tear gas to his face during the demonstrations.
During a three-week trial in 2022, jurors reviewed video evidence showing officers deploying chemical munitions and flash bang grenades without providing warnings to demonstrators. The jury ultimately found that Denver police had violated protesters’ First, Fourth, and Fourteenth Amendment rights. The Tenth Circuit Court of Appeals unanimously upheld this verdict earlier this year.
Denver’s appeal centers on testimony provided by Nicolas Mitchell, the city’s independent monitor, who had investigated the police response to the protests. While Mitchell’s formal report was not admitted as evidence, he testified about his information-gathering process and the report’s contents as a lay witness. City attorneys argue that Mitchell’s testimony improperly influenced the jury’s decision, claiming his statements carried undue weight due to his official position.
The Tenth Circuit rejected these arguments, determining that Mitchell’s firsthand knowledge was comparable to testimony typically provided by law enforcement officers. However, Denver maintains that the proliferation of civilian oversight bodies nationwide makes it crucial for the Supreme Court to establish clear guidelines regarding testimony from independent monitors in police misconduct cases.
In its emergency filing, Denver emphasized the financial implications of the judgment, noting that with accumulated interest and attorney fees, the total payment would approach $20 million. The city argued that taxpayers have a legitimate interest in allowing the Supreme Court to review the case before any funds are disbursed.
The municipality has until July 20 to formally appeal the Tenth Circuit’s decision to the Supreme Court. In the meantime, city officials are requesting that enforcement of the judgment be stayed pending the high court’s decision on whether to hear the case.
This case represents part of a broader financial impact on Denver related to the 2020 protests. Earlier this week, city officials approved a separate $2.9 million settlement for other protesters injured during the same period of demonstrations. According to municipal records, Denver has paid out approximately $22 million in settlements related to lawsuits stemming from the 2020 protests.
The Supreme Court’s decision on whether to grant Denver’s emergency request could have significant implications for how courts evaluate testimony from civilian oversight officials in future police misconduct cases across the country.
Leave a Reply