In a significant development, the U.S. Court of Appeals for the Tenth Circuit has rejected the qualified immunity defenses of three police officers, in a case related to the accusation of alleged excessive use of force during protests over the murder of George Floyd. The case is centered around the incidents which unfolded on the evening of May 31, in the heart of downtown Denver. It was found that the actions of the law enforcement officers from the Aurora Police Department, resulted in severe injuries to the plaintiffs, Zachary Packard and Jonathon Duran.
The court determined it was clearly established that police cannot shoot nonlethal projectiles at protesters who committed no serious crime, who were not posing any threat, and who were not attempting escape. In the incident involving Packard, police threw a tear gas canister in his vicinity which he kicked away, and was subsequently shot in the head with a canon-fired beanbag round, leading to major injuries. Meanwhile, Duran, who was filming the protest whilst wearing a “media” hat, became the victim of a foam baton round.
Traditionally, the qualified immunity doctrine shields government officials from being held personally liable for discretionary actions performed within their official capacity, unless their actions violate “clearly established” federal law. In this case, the court firmly asserted that the officers’ actions went against well-established law and, thus, denied them qualified immunity. Further proceedings in the suit are anticipated.