Marquis Dominick, Et Al., v. City and County of Denver, Et Al.

Case 1:22-cv-01343 Document 1 Filed 05/27/22 USDC Colorado Page 1 of 70
IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLORADO
Civil Action No.
MARQUIS DOMINICK, BRETT RIOS, ALEX HICKMAN, TASHARI SELLERS, RAYMOND

SCHWAB, JESSE FRIEDMAN, SUSAN McKILLIPS, RYAN KEHOE, ADAM BENTCH,
PATRICIA KOO, ISIS USBORNE, KRISTEN KLOTZER, and JOE SZUSZWALAK
Plaintiffs,
v.
THE CITY AND COUNTY OF DENVER, a municipal entity;

CHIEF OF POLICE PAUL PAZEN, in his individual capacity,
PATRICK PHELAN, in his individual capacity;
JOHN & JANE DOES 1-100, in their individual capacities.
Defendants.
COMPLAINT AND JURY DEMAND
Plaintiffs, Marquis Dominick, Brett Rios, Alex Hickman, Tashari Sellers, Raymond
Schwab, Jesse Friedman, Susan McKillips, Ryan Kehoe, Adam Bentch, Patricia Koo, Isis
Usborne, Kristen Klotzer, and Joe Sazuszwala, by and through their attorney, E. Milo Schwab of
Ascend Counsel, LLC, respectfully allege for their Complaint and Jury Demand as follows:
INTRODUCTION
Over the course of eight days in the spring of 2020, the Denver Police Department engaged
in a campaign of retribution against protesters who marched and chanted, calling for an end to
police brutality and racism. Throughout this incredible showing of civic engagement, Denver
police officers repeatedly shot rubber bullets and tear gas canisters at the faces of protesters. Their
apparent goal was to inflict maximum pain. Striking at least fifteen people in the head, the Denver
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Police took the eyes of two individuals. For Michael Driscoll, the price that Denver police officers
demanded for his calls for reform was a shattered skull.
JURISDICTION AND VENUE
1. This action arises under the Constitution and laws of the United States, and is brought
pursuant to Title 42 U.S.C. § 1983. Jurisdiction is conferred on this Court pursuant to
28 U.S.C. § 1331. Jurisdiction supporting Plaintiffs’ claims for attorney fees and costs
are conferred by 42 U.S.C. § 1988.
2. Venue is proper in this District according to 28 U.S.C. § 1391(b) because the events
giving rise to the claims occurred in this District and all Defendants reside in this
District
PARTIES
3. Plaintiff Marquis Dominick is a citizen of the United States and a resident of the state
of Colorado and was during the relevant times described herein.
4. Plaintiff Brett Rios is a citizen of the United States and a resident of the state of
Colorado and was during the relevant times described herein.
5. Plaintiff Alex Hickman is a citizen of the United States and a resident of the state of
6. Plaintiff Tashari Sellers is a citizen of the United States and a resident of the state of
7. Plaintiff Raymond Schwab is a citizen of the United States and a resident of the state
of Colorado and was during the relevant times described herein.
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8. Plaintiff Jesse Friedman is a citizen of the United States and a resident of the state of
9. Plaintiff Susan McKillips is a citizen of the United States and a resident of the state of
10. Plaintiff Ryan Kehoe is a citizen of the United States and a resident of the state of
11. Plaintiff Adam Bentch is a citizen of the United States and a resident of the state of
New York and was during the relevant times described herein.
12. Plaintiff Patricia Koo is a citizen of the United States and a resident of the state of New
York and was during the relevant times described herein.
13. Plaintiff Isis Usborne is a citizen of the United States and a resident of the state of
Hawaii and was during the relevant times described herein.
14. Plaintiff Kristen Klotzer is a citizen of the United States and a resident of the state of
15. Plaintiff Joe Sazuszwala is a citizen of the United States and a resident of the state of
16. Defendant City and County of Denver is a municipality in the state of Colorado. The
Denver Police Department (DPD) is a subdivision of the City and County of Denver.
17. At all times pertinent to the subject matter of this litigation, Defendant Paul Pazen was
a citizen of the United States and resident of and domiciled in Colorado. At all times
pertinent, Defendant Pazen was acting under color of state law in his capacity as Chief
of Police of Denver. Defendant Pazen was responsible for supervising Defendants John
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& Jane Does 1-100 and directing their actions during the protests in response to the
murder of George Floyd.
18. At all times pertinent to the subject matter of this litigation, Defendant Patrick Phelan
was a citizen of the United States and resident of and domiciled in Colorado. At all
times pertinent, Defendant Phelan was acting under color of state law in his capacity
as Commander of Special Operations for the Denver Police Department. In this role,
Defendant Phelan was in direct command of the officers responding to the George
Floyd protests. Defendant Phelan was responsible for supervising Defendants John &
Jane Does 1-100 and directing their actions during the protests in response to the
murder of George Floyd.
19. At all times pertinent to the subject matter of this litigation, Defendants John & Jane
Does 1-100 were citizens of the United States and residents of and domiciled in
Colorado. At all times pertinent, Defendants John & Jane Does 1-1-0 were acting
within the scope of their official duties and employment and under color of state law in
their capacities as law enforcement officers employed by the DPD or the Denver
Sheriff’s Department.
FACTUAL ALLEGATIONS
20. George Floyd was murdered on May 25, 2020.
21. Minneapolis police officers arrested Mr. Floyd, a 46-year-old Black man, after a
convenience store employee called 911 and told the police that Mr. Floyd had bought
cigarettes with a counterfeit $20 bill. Those officers pinned Mr. Floyd to the ground.
Then one officer, Derek Chauvin, put his knee on Mr. Floyd’s neck. He would choke
Mr. Floyd for eight minutes and forty-six seconds while Mr. Floyd repeatedly told him
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that he couldn’t breathe; while numerous other officers callously looked on and did
absolutely nothing; while bystanders pleaded for Officer Chauvin to stop killing Mr.
Floyd; while Officer Chauvin mocked Mr. Floyd. Among Mr. Floyd’s final words were
“please, please, please, I can’t breathe.” He would die in the street under the knee of
his oppressor.
22. Mr. Floyd’s death was emblematic of the racist system of policing in the United States
of America. Officers know that they can violate the law, and constitution, with
impunity, and particularly when the victim of their abuse is a person of color. Fellow
officers will do nothing more than stand by and watch. And, when someone complains,
the police department, police union, and local prosecutors and politicians will circle the
wagons in defense of a murderer, simply because he wears a badge and a gun.
23. Mr. Floyd’s murder, and this system, sparked millions of people to gather across this
nation, and world, to mourn and to call for reform of our modern policing.
24. Denver was among the cities where there was a strong reaction to Mr. Floyd’s death
with thousands taking to the streets in protest.
25. Mr. Floyd’s murder hit home for Denverites because of Denver law enforcement’s
repeated murder and brutalization of people of color without consequence, and its
history of racist policing. In Denver, there has been George Floyd after George Floyd.
From Marvin Booker to Michael Marshall, Denver law enforcement officers have
murdered with near impunity. The officers who murdered these Black men still patrol
the streets and jails of Denver.
26. Denver’s racist policing is borne out by statistics. Denver law enforcement officers
disproportionately use force against Black people. While only 10% of Denver’s
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population is Black, 27% of the use of force incidents in Denver are perpetrated against
Black people.
27. Protesters in Denver held signs, and chanted names, relating to this long, sordid history
of police brutality against Black men. Protesters called for an end to the racist policing
that Denver has condoned for decades. Those at the protests voiced their disgust with
Denver’s lawless law enforcement officers.
28. Denver Police officers responded as counter-protesters – punishing those calling out
police violence. Denver Police used the force of the state to retaliate against thousands
calling for a more just policing system.
29. This protest against police brutality was met with the very thing it was protesting.
Denver Police Targeted Journalists and those Attempting to Record DPD’s Violent Behavior
During the George Floyd Protests.
30. Throughout the Denver George Floyd protests, Denver police officers targeted
accredited members of the press along with a multitude of individuals seeking to record
police conduct.
31. Time after time, they shot at individuals recording, seeking to limit the opportunity for
those outside the protests to see their actions.
32. And as we have seen over the past decade, the filming of police officer’s using
excessive force has played a critical role in building a movement to stem the worst
abuses.
33. On May 28, 2020, while he was covering the protests at the State Capitol, Hyoung
Chang, a credentialed press photographer for The Denver Post, was struck two times
by pepper-ball rounds fired by law enforcement personnel. One round cut Chang’s arm.
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The other shattered his press badge that was hanging around his neck. Mr. Chang was
quoted after the event as saying, “If it was one shot, I can say it was an accident. I’m
very sure it was the same guy twice. I’m very sure he pointed at me.”
Hymoung Chan’s arm after being shot
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Mr. Chan’s press badge
34. On May 29, 2020, a DPD officer shot Andy Sannier in the chest with a rubber bullet
without warning during the protests. Mr. Sannier was walking home downtown that
evening, when he saw a Black man yelling at, but not threatening, officers. A white
couple started arguing with the Black man who was yelling at the officers. Mr. Sannier
stopped and recorded this with his cell phone from a comfortable distance. DPD
officers opened fire on the people arguing, and, seeing that Mr. Sannier was filming,
shot him in the chest with a pepper ball.
35. On May 29, 2020, John Cameron attended the George Floyd protests in Denver in order
to record footage as a member of the press. When DPD officers noticed him recording,
and without warning, officers started firing pepper balls and rubber bullets. He turned
and ran and they continued firing at him, hitting him in the back.
36. On May 29, 2020, at approximately 8:15 p.m., a credentialed cameraman for KMGH-
TV/Channel 7, was struck four times in the chest by rubber bullets fired by DPD
officers. Officers also fired paintballs, hitting the front lens of his conspicuous
professional-grade video camera, which was at head level when DPD officers fired on
him.
37. On May 30, 2020, Timmy Lomas was attending the Denver George Floyd protests. Mr.
Lomas was filming the front line of the protests, in particular, an incident involving a
man injured by a flash-bang grenade fired by the Denver Police. While he was filming,
another DPD officer pepper-sprayed Mr. Lomas directly in the face. Mr. Lomas had
committed no crime, was not resisting arrest, and was threatening no person. He was
only filming. That was enough for the Denver police to retaliate against him.
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38. On May 30, 2020, Alexis Mendez was attending the George Floyd protests in
downtown Denver. Mr. Mendez wanted to document the protests, so he filmed peaceful
protesters with his phone. While filming, a DPD officer shot Mr. Mendez in the chest
with a rubber bullet, causing bruising, which lasted several weeks.
39. On May 30, 2020, Jeremy Jojola, an on-air correspondent for KUSA-TV/9News was
shot with a less-lethal projectile round while standing beside a professional cameraman
from that station. The round struck Mr. Jojola’s backpack.
40. On May 30, 2020, James Sweetman was recording DPD officers in riot gear firing tear
gas, pepper balls, and rubber bullets into a crowd of protesters. Soon, officers ran over
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to Mr. Sweetman and fired pepper balls at him, striking him in the head and back. This
was done in retaliation for his efforts to record their conduct.
41. On May 30, 2020, Lindsay Fendt, a freelance reporter and photographer was standing
in a group of press photographers when a law enforcement officer kicked a pepper gas
canister directly into her face.
Lindsay Fendt after having a tear gas canister kicked in her face
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42. On May 31, 2020, Alex Burness of The Denver Post, was fired upon, without warning,
by law enforcement and shot in the head and abdomen with rubber bullets. DPD
officers fired at Mr. Burness just after he yelled out “PRESS.” He sustained a contusion
on his head and right abdomen.
Alex Burness after being shot
43. On May 31, 2020, DPD officers shot at Trevor Hughes face with rubber bullets without
warning. Mr. Hughes was photographing and recording the protests near Colfax and
Emerson at approximately 8:30 p.m. While recording, with the camera near his face,
DPD officers shot Mr. Hughes in the hand with a rubber bullet. The shot broke and
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severed Mr. Hughes’s right ring finger, leaving it dangling. Mr. Hughes immediately
left the protest and went to urgent care. Mr. Hughes had to have his finger surgically
repaired.
44. On June 2, 2020, DPD officers shot Darrell Hampton in the face without warning. Mr.
Hampton was peacefully protesting, and filming DPD officers, on the sidewalk near
the Capitol in the afternoon. A number of DPD officers were standing on the back of a
DPD pickup truck, carrying pepper ball guns. As the truck was driving away, one
officer decided to randomly shoot Mr. Hampton in the face with a pepper ball for no
apparent reason. There was no violence or property destruction happening; Mr.
Hampton was simply standing on the sidewalk filming the protest and the officers.
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Denver Police Responded to Calls for an End to Police Brutality with Overwhelming Use of
Force without Any Reasonable Basis
45. Over the course of the Denver George Floyd protests, the Denver police exhibited a
callous disregard for the First Amendment rights and personal safety of thousands of
peaceful protesters.
46. Thousands of people were subjected to tear gas, pepper balls, pepper spray, and other
chemical irritants which cause difficulty in breathing, skin irritation, and severe pain.
47. Hundreds, if not thousands of protesters were also hit with kinetic impact projectiles.
48. For the Denver police, calls for reform to policing and demands for accountability were
to be met with force. The Denver police did not like the message that the protesters
were expressing. It was that simple.
49. Throughout these days of protests, Defendant Phelan, as Commander of the police
response to the protests and Defendant Pazen, as chief of police, were made aware of
the gratuitous use of force by their officers. Complaints were made by protesters along
with calls from elected officials, imploring that the DPD and its officers stop using such
brutality against those seeking change.
50. DPD has body cameras and overhead videos, called HALO cameras, capturing much
of the police violence. There were videos circulating online and being shown to
Defendants Phelan and Pazen.
51. Nonetheless, these Defendants took no action to rein in their officers. They knew of the
brutality being inflicted and they ratified it each day with their indifference or support.
52. After eight days of brutal violence inflicted on thousands of protesters and the infliction
of fear in many more people who would attended the protests but for fear of
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punishment, a District of Colorado Court issued a Temporary Restraining Order on the
Denver police which called out their repeated and intentional violations of
constitutional rights.
53. This restraining order imposed common sense restrictions on police use of force –
requirements such as a prohibition on aiming for heads and groins, requirements that
police issues orders to disperse before using chemical irritants and that protesters be
given adequate time to disperse, and that kinetic impact projectiles could not be shot
indiscriminately into crowds.
54. On May 28, 2020, Fernando Garcia attended the George Floyd protests in downtown
Denver to express his beliefs on police brutality. During the course of that evening, Mr.
Garcia was tear-gassed and shot in the back with rubber bullets and pepper spray. Mr.
Garcia’s roommate was also shot in the back by DPD officers with a rubber bullet.
55. On May 28, 2020 Emily Heydt was protesting in Denver when a SWAT truck pulled
up to a red light. Without provocation, several officers on the side of the vehicle shot
her with pepper balls. When the light turned green, they drove away.
56. On May 29, 2020 Ellektra Rowland was attending the George Floyd protests in
downtown Denver. At about 9:30 p.m. Ms. Rowland was shot in the leg with a tear gas
canister by DPD officers. This canister ripped open her jeans and cut her leg. Later that
evening, DPD officers shot her in the head with pepper balls.
57. On May 29, 2020, Christopher Holland was protesting in downtown Denver. He
marched, holding a sign above his head. DPD officers then shot Mr. Holland in the
wrist with a rubber bullet. Mr. Holland is lucky that it only hit his wrist as his hands
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were above his head. It appeared to Mr. Holland that the officers had aimed for his
head.
58. On Friday May 29, 2020, at around 3:45 p.m., Elizabeth Werren was marching in
Denver when DPD officers pepper sprayed her directly in the face.
59. On May 30, 2020, Brianna Barber attended the George Floyd protests in downtown
Denver. While in Civic Center Park rendering aid to those who were injured, Ms.
Barber noticed a group of DPD officers storm the park, shooting rubber bullets, tear
gas canisters, and flash-bang grenades. Ms. Barber raised her hands in a “don’t shoot”
gesture. DPD officers shot her with a rubber bullet. They also took her protest sign and
ripped it up.
60. On May 30, 2020 Carter Nadolsky attended the George Floyd protest in downtown
Denver. Mr. Nadolsky had recently had surgery and was using crutches at the time.
While standing in the crowd, Mr. Nadolsky was targeted by a DPD officer and was
shot in the stomach with a rubber bullet. Mr. Nadolsky was knocked to the ground as a
result of the rubber bullet. While he was on the ground, DPD officers then shot Mr.
Nadolsky with pepper balls.
61. On May 31, 2020 Alexandra Barbour was participating in a peaceful protest in
downtown Denver. During the course of the evening, DPD officers shot Ms. Barbour
in the right ankle with a rubber bullet. Ms. Barbour suffered serious injuries as a result
of this attack.
62. On May 31, 2020, Jessica Beverage was attending the George Floyd protests in
downtown Denver when DPD officers, without provocation, began deploying tear gas
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into a crowd of peaceful protesters. Ms. Beverage turned to escape the tear gas, but was
instead shot in the back of the head with a tear gas canister.
63. On May 31, 2020, DPD officers shot Darian Tindall in the chest with KIPs without
warning. Ms. Tindall was hit in the chest with a pepper ball while marching on Colfax
Avenue. Her hands were up above her head when she was shot, and she didn’t see the
projectile coming or anticipate the intense pain. She was given no warning by DPD.
64. On June 1, 2020, David Chapman was standing alone on the sidewalk in front of his
apartment speaking on the phone. A Denver SWAT vehicle with six officers hanging
off the side drove by and as they passed him, one officer shot him in the kidney with a
rubber bullet, causing significant pain and causing him to fall to the ground. As he got
up, those officers fired a tear gas canister at this lone individual who had committed no
crime and threatened no person. The DPD officers drove away.
Denver Police Officers Repeatedly Intentionally Shot Protesters in the Head
65. The most concerning thing about the DPD response to the protests was their willingness
to seek the infliction of maximum pain and potential death. Simply put, over and over
again, Denver police officers aimed at and shot protesters in the head with rubber
bullets.
66. This is the use of deadly force.
67. The manufacturers of rubber bullets say so.
68. Academic and medical studies on the use of rubber bullets say so.
69. And the Denver police operations manual says so.
70. Nonetheless, night after night, Denver police took aim and struck protester after
protester in the head. They took eyes and cracked skulls.
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71. Defendants Phelan and Pazen were made aware of the injuries to heads and eyes. They
were told that protesters were being hit in the head and that people were exhibiting
serious injuries at the hands of their subordinate police officers.
72. They took no action.
73. On May 28, 2020 Michael Acker was attending the George Floyd protests in Denver
was he was struck in the face with a rubber bullet. He had worn a gasmask to protect
against the indiscriminate use of tear gas and pepper bullets which DPD had utilized
over the week to send the message that protesting police violence was not permitted in
Denver. He immediately lost vision in his right eye and when he pulled this gasmask
off, blood poured all over his hands, face, and the concrete below him. Had he not been
wearing a mask, he likely would have lost his eye.
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74. On May 29, 2020, Gregory Trickel was attending the George Floyd protests in
downtown Denver when he was ordered to disperse by Denver Police officers. Mr.
Trickel then put his hands in the air to show that he was going to comply with the DPD
officers’ demands. At this point, DPD officers pointed their rubber bullet launchers at
his face and genitals. Mr. Trickel knew that they were aiming for him because he could
see the laser guides. One DPD officer then intentionally fired a rubber bullet directly
at Mr. Trickel’s head from 15 feet, but fortunately this officer had poor aim and missed.
75. On May 29, 2020, DPD officers shot Gabriel Thorn in the head with a KIP. While at
the protest, Mr. Thorn served at times as a medic. Mr. Thorn is a veteran who served
in the Armed Forces. Mr. Thorn also wore a red cross on his helmet and backpack to
indicate that he was a medic there to treat those injured. Several times while treating
injured people, DPD officers targeted him and shot pepper balls. He observed a largely
peaceful protest. He witnessed DPD officers utilize rubber bullets, tear gas, flash bang
grenades, and pepper balls. The protesters were attacked indiscriminately with these
ordinances and without regard for safety. Mr. Thorn also observed DPD officers aiming
at bodies and heads when firing rubber bullets. Having served in the military and been
trained to use rubber bullets, Mr. Thorn was shocked that these officers had not been
trained to use them correctly. His training in the military made clear that these bullets
were to be aimed at the ground and never directly at people, even in war zones. During
the protest, Mr. Thorn was struck with pepper balls and rubber bullets, and he was tear
gassed multiple times. When DPD officers fired rubber bullets at Mr. Thorn, they
struck him the head, just as they did countless others during the peaceful protests.
Fortunately, Mr. Thorn was wearing a helmet. Mr. Thorn was one of the four Plaintiffs
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who sued the City of Denver and obtained a Temporary Restraining Order against the
excessive use of force by DPD. Unfortunately for at least a dozen people, the TRO was
not entered until Friday, June 5, 2020.
76. On May 29, 2020, in the afternoon, DPD officers shot Megan Matthews in the head
with a kinetic impact projectile (KIP) while she was participating in a peaceful protest
near the Capitol. When she was shot in the head, Ms. Matthews was standing alone and
not engaged in any violence or property destruction. When hit with the KIP, she
immediately blacked out. When she woke up, her face was covered in blood. A friend
then carried Ms. Matthews to a grassy area near the State Capitol, where she was
bandaged by a doctor and later loaded into an ambulance.
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77. On May 30, 2020, DPD officers shot Jax Feldmann in the eye with a KIP without
warning. Mr. Feldmann wasn’t protesting when a law enforcement officer riding on the
back of a DPD truck fired a projectile at his face without warning and blinded him in
one eye. Mr. Feldmann was walking from his friend’s apartment to his car. There were
no large groups of protesters nearby when Mr. Feldmann was shot and no one near him
yelled at or threw anything at the DPD officers on the truck, which was marked with
the DPD logo. Mr. Feldmann didn’t see what hit him, but that reached his hand up to
his face and felt blood. Jax was shot in the eye by a police officer riding on a police
truck. His friend called 911 and Mr. Feldmann was transported to Denver Health via
ambulance. Alone in the hospital, Mr. Feldman was told by doctors that they would
have to perform emergency surgery to save his eye and doctors performed that surgery.
However, Mr. Feldmann will never regain his full vision. The surgeon who operated
on Feldmann’s eye told Mr. Feldmann’s mother that the damage was consistent with a
rubber bullet.
Mr. Feldman after being shot
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78. On May 30, 2020, DPD officers without warning shot Russell Strong in the head with
a KIP. Mr. Strong was protesting near Civic Center Park and carrying a sign that read
“No justice, No peace.” Shortly after 6 p.m., Mr. Strong was hit in the face with a KIP.
The force of the KIP knocked him out. As a result of this use of force, Mr. Strong
required several facial reconstructive surgeries to repair broken bones around his eye
and to realign the right side of his jaw. Mr. Strong lost his right eye because of the use
of force by DPD officers. When he was shot, Mr. Strong was simply peacefully
protesting and was not engaging in any violence or property destruction.
Mr. Strong after being shot
79. On May 30, 2020, Dan Delany was peacefully protesting in Downtown Denver. Mr.
Delany engaged in chants of “no justice, no peace.” He also joined with others in asking
the DPD officers to march with them. Instead, the officers began indiscriminately
shooting rubber bullets, tear gas, and pepper balls into the crowd. He turned and ran,
but one officer shot him with a rubber bullet in the back of the head. He was rendered
unconscious and left bleeding from the head.
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80. On May 30, 2020, DPD officers shot Elizabeth Epps in the face with a KIP without
warning. Prior to the curfew, DPD officers shot Ms. Epps with rubber bullets during a
warning. A rubber bullet hit her face, breaking the plastic medical-grade respirator
mask she was wearing and wounding her face.
Ms. Epps after being shot
81. On May 30, 2020, DPD officers shot Michael McDaniel in the head with KIPs without
warning. Mr. McDaniel attended the protest rally on Saturday afternoon to serve as a
medic to attend to those injured by the police. At one point, the Police unnecessarily
and overwhelmingly tear-gassed a parking lot on the corner of Colfax and Lincoln. The
tear gas was so thick, that it form an opaque cloud. Mr. McDaniel saw a protester
crawling out of the cloud on his hands and knees. The protester was choking and could
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not breathe. Mr. McDaniel, with his back to the police, kneeled down to treat the
protester, who was still on all fours. The police then proceeded to target and shoot Mr.
McDaniel and the protester with pepper bullets. They shot Mr. McDaniel in the head
with KIPs. Thankfully, Mr. McDaniel was wearing a helmet, so when the police aimed
at his head, they did not cause any injury, other than the intense burning pain that Mr.
McDaniel experienced as a result of the pepper balls.
82. On May 31, 2020, DPD officers shot Youssef Amghar in the head and chest with KIPs
without warning. Well before curfew, Mx. Amghar was with other peaceful protesters
on the corner of Colfax and Lincoln. Protesters were chanting, “Hands up, don’t shoot,”
and holding signs. Mx. Amghar was standing on the sidewalk. There was a line of DPD
officers on Colfax. Mx. Amghar stood there with their hands up. Someone else not near
them in the crowd threw a water bottle at the officers. The DPD officers immediately
began shooting into the crowd with pepper balls. They did this without warning or
giving any orders. At first, the DPD officers shot indiscriminately into the crowd, but
after the crowd moved back, they began shooting directly at Mx. Amghar, even though
they were standing still with their hands up. The DPD officers first shot them in the
arms and legs, then in the chest, and then directly in the face, even though they
continued standing still with their hands up. The DPD officers shot them approximately
14 times. The DPD officers did not give any orders before, during, or after this incident.
No one told Mr. Amghar to move back or gave them any other orders. Mx. Amghar
was so upset at the DPD officers’ use of force on them that they began yelling words
to the effect of, “I’m a goddamn U.S. Marine, what are you doing?” Then DPD officers
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began throwing tear gas canisters at their feet. After a couple minutes, Mx. Amghar
walked away and took cover behind a tree.
83. On May 31, 2020, Gabe Schlough was shot in the face with a KIP by DPD officers
without warning. Mr. Slough, an individual with a degree in public health anthropology
who also has some medical training and had participated in protests before, attended
the protests near the state Capitol with the intention of being there help anyone who
was injured by the DPD officers. When Mr. Slough arrived, he saw a crowd of two or
three hundred people facing down a line of police. The officers were standing just a
little bit more than shoulder to shoulder apart with full riot gear, with their face shields
and full protective armor on. Mr. Slough, sensing a conflict, moved up toward the front
of the crowd and began to tell people who didn’t have eye coverings to watch their eyes
and protect their face. DPD officers then shot a woman in the chest with a tear gas
canister right next to Mr. Slough. Mr. Slough bent down to help the woman and, while
doing so, covered the tear gas canister with a cone. As soon as he did this, officers shot
Mr. Slough in the face and chest with KIPs. Mr. Slough described the sensation as
getting his with a baseball bat. He helped the woman back away from the line of DPD
officers and, as he did so, the other individuals he had attended the protest with told
him that his chin was falling off. The KIP had left a gaping wound on his chin, and
blood was pouring down onto the front of his shirt. Mr. Slough went to the hospital
where he required 22 stitches to close the wound on his chin. He still experiences pain
from this wound and will likely require plastic surgery for it to heal properly.
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Mr. Schlough’s chin after being shot
84. On May 31, 2020, Zachary Packard was shot in the head with a KIP by DPD officers
without warning. Mr. Packard arrived at the protests on streets surrounding the Capitol
at about 8 p.m. DPD officers formed lines on two perpendicular streets and began
closing in on the groups of protesters. Mr. Packard heard a message from a SWAT
vehicle that “curfew was in effect.” DPD officers then started firing tear gas. Mr.
Packard attempted to kick one tear gas canister away from the group of protesters near
him. As he stepped off the sidewalk, Mr. Packard was hit in the head with a projectile.
He was immediately knocked unconscious. DPD officers did not issue a warning before
shooting Mr. Packard in the ear. Bystanders carried Mr. Packard from the sidewalk
over into a patch of grass. When he returned to consciousness, a friend took him to the
hospital. A CAT scan later revealed that Mr. Packard suffered a fractured skull and
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jaw, two fractured discs, and bleeding in his brain. Mr. Packard remained at the hospital
for about one week.
Mr. Packard after being shot in the head
85. On May 31, Alex Wolfson was on his skateboard, observing the protests downtown
when he was shot in the eye with a projectile by DPD officers. At the time he was
struck, he was committing no crime, violating no law, and threatening officer or other
individual. He was simply watching the protest. Nonetheless, DPD officers shot him in
the eye. He immediately lost sight in his left eye and was bleeding. He was so distraught
that he went over to a DPD officer to ask if he still had his left eye. Wolfson was
fortunate that he didn’t lose his eye or his eyesight, but he did require laser surgery
from an emergency retina specialist to address eyesight problems he sustained as a
result of this attack.
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Mr. Wolfson after being shot in the eye
86. On June 1, 2020, DPD officers shot Ambrose Cruz in the head and chest with KIPs
without warning. As a photographer and freelance journalist, Mr. Cruz wanted to
document the protests as well as the police response. Throughout the evening, he
documented the protests and police action as a photojournalist. At about 8:00 p.m., he
was with protesters in front of the Capitol. The protesters were chanting and peaceful.
There were over 100 people present. There was a line of DPD officers present on all
sides of the protesters, surrounding them. Sometime after 9:00 p.m., DPD officers
moved in and began rapidly shooting tear gas and rubber bullets at the protesters. They
did not give any warning or orders. Because the police had surrounded the protesters
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on all sides, it was difficult for protesters to escape. Mr. Cruz ran away from the gas.
Mr. Cruz encountered a group of 35 protesters at a corner, and they were all younger
protesters, including teenagers. Almost all of them were Black. One protestor was
having a seizure. Mr. Cruz and others tried to help him. Some people tried to leave, but
DPD officers cornered them and shot pepper balls at them. A white person went up to
the DPD officers to ask if they could leave because people wanted to go home. The
DPD officer said that they could go home, and so people started walking towards where
the officer told them to go. That officer started firing on people and everyone started
running. Mr. Cruz ran with other protesters to a building and garage at 13th Avenue
and Lincoln. The DPD officers ran after them. The DPD officers were shooting them
with pepper balls. They did not give any orders or warnings. Mr. Cruz and others ran
down to the garage but discovered that armored vehicles blocked off both ends of the
block and there was no exit. Cruz ran up the stairs, and as he looked up, a Defendant
DPD Officer shot him in the face with pepper balls. The DPD officer hit him three
times in the eye area and knocked his glasses off. A female DPD officer told him, “If
you don’t fucking get on the ground, I’m going to fucking kill you,” or words to that
effect. Even though Cruz stopped and was on the ground, the other DPD officer
continued firing pepper balls at him, including at the back of his head. The DPD officer
who had been repeatedly firing pepper balls at Cruz at close range taunted him, saying
things like, “What happened to you? It looks like your wife beat you. Mr. Cruz’s eye
was bleeding, swollen shut, and bruised. He could not open his eye.
87. In the first days of the protests, Nicholas Orlin came downtown to march, chant, and
sing in support of the Black Lives Matter movement. On one of those first days of the
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protests, Nicholas was shot with a rubber bullet in the eye. He was knocked
unconscious and awoke in the hospital. Nicholas sustained several fractures along the
base of his eye and suffered significant swelling. He has been told by his doctors that
he now has an increased likelihood of developing glaucoma. He also suffers from post-
traumatic stress disorder as a result of his attack. “It gives me anxiety when I think
about joining protests” he told a Fox31 reporter last year.
Mr. Orlin after being shot
88. On the weekend of May 30-31, Shawn Murphy attended the George Floyd protests.
Early in the evening before the beginning of curfew, he found himself caught up in a
cloud of tear gas. As he would recount, no one was breaking any laws and many were
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attempting to disperse but were caught in clouds of tear gas. At one point, while he was
trying to disperse, Murphy was struck in the eye with a rubber bullet. Murphy was
wearing swim goggles – something that likely saved his left eye. “The goggles
shattered, exploded, but I really think it saved by eye.” Murphy required emergency
surgery that evening to save his retina. His vision has remained blurry.
Mr. Murphy after being shot in the eye
89. On May 31, 2020, Michael Driscoll attended the George Floyd protests in Downtown
Denver. While holding a sign with a protest message spray painted on it, Mr. Driscoll
was struck by a rubber bullet between the eyes. This shot was intentional. This resulted
in a serious injury, required facial reconstruction surgery.
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THIRTEEN PLAINTIFFS ARE BRUTALIZED FOR THEIR POLITICAL
EXPRESSION
Marquis Dominick
90. On May 30, 2020, Marquis Dominick decided to attend the George Floyd protests in
downtown Denver.
91. Mr. Dominick created a t-shirt that listed the names of Black people killed by police in
America on the back and had a target and the words, Black Target on the front.
92. Mr. Dominick is a Black man.
93. Intending to tend to those injured during the protests, Mr. Dominick also brought
medical supplies and a jug of milk to apply to chemical burns.
94. As soon as he arrived with his friends, he noticed the contrast between peaceful
protesters and militarized police, some of whom stood on the roofs of buildings,
holding guns.
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95. Almost immediately, he saw the Denver police shooting at medics as they attempted to
care for injured individuals, the police would target them by firing tear gas and flash
bang grenades at them.
96. Seeking to distract the Denver police from their efforts to punish the medics, Mr.
Dominick then went to the front of the police line to both express his opinion and seek
to protect the medics from assault.
97. He asked the police to stop shooting at injured protesters and the medics who were
trying to treat them.
98. The police obliged and turned their focus on Mr. Dominick.
99. Over the next several hours, Denver police officers threw tear gas canisters and flash
bang grenades at Mr. Dominick.
100. Officers pepper sprayed Mr. Dominick.
101. Officers tried to shoot Mr. Dominick with rubber bullets, but missed.
102. They shot pepper balls at him, repeatedly aiming for the target on his shirt and the milk
jug in his hand.
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103. The police saw a Black man wearing a target on his chest and they shot at him.
Repeatedly.
104. This egregious conduct was caught on camera, including the body cameras of several
officers.
105. None have been punished for their misconduct.
106. The police retaliated against Mr. Dominick in part because they saw the milk jug as
contrary to their goals of inflicting as much pain as possible and exacting a price for
protesting.
107. The pierced the milk jug with one of their rounds of ammunition. They did not want
protesters to have access to milk to relieve the pain the police were imparting.
108. At no time did Mr. Dominick commit any crime – not even the curfew as this was
during the afternoon hours.
109. At no time did Mr. Dominick threaten any person, including a police officer, with
violence.
110. At no time did Mr. Dominick destroy any property.
111. He simply stood there, with his hands up, calling out police brutality and the killings
of far too many Black men in American by the police.
112. To this day, that shirt is stained by and reeks of those chemical irritants.
113. As a result of these assaults and violations of Mr. Dominick’s free speech, Mr.
Dominick suffered ongoing pain and trauma for nearly a year.
Brett Rios
114. On the Evening of June 1, 2020, Brett Rios decided to drive from Estes Park to
document and participate in the George Floyd protests in downtown Denver.
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115. Mr. Rios encountered peaceful protesters and police officers in riot gear.
116. At one point, while taking photographs to document this scene, Mr. Rios decided to
kneel in the streets with his fellow protesters, arms raised, chanting “hands up, don’t
shoot.”
117. The police lined up to confront this peaceful crowd.
118. Without warning, the Denver police began to launch a barrage of tear gas canisters and
flash bang grenades into this kneeling crowd.
119. The air was filled with smoke and chemicals, making it impossible to breathe.
120. While still kneeling, a flash bang or concussion grenade exploded in Mr. Rios’ lap.
121. Fearing for his life, he stood to run and as he attempted to flee, was struck with pepper
balls and rubber bullets.
122. Then, Mr. Rios’ leg was shot out from under him, causing him to fall.
123. As he fell, he saw the 40mm rubber bullet that had struck him in the leg roll by.
124. He continued to be inundated with tear gas, pepper balls, and flash bang grenades.
125. When he finally found his way out of the cloud of tear gas and other chemical irritants,
Mr. Rios was promptly shot with a dozen pepper balls by another police officer who
stood only six feet away.
126. He then say police officers shooting pepper balls at medics who were attempting to
treat an injured protesters.
127. Mr. Rios started to limp away to try to leave the protests as the police had made it too
difficult to continue expressing their views when he noticed the police striking another
protester.
128. Mr. Rios pulled out his phone and began to record this police brutality.
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129. Seeing Mr. Rios documenting this brutality, a different officer yells at him to leave and
within seconds, tackles Mr. Rios to the ground as part of an arrest.
130. This is all on film.
131. Prior to and during his arrest, Mr. Rios committed no crime, was a danger to no person,
never resisted arrest, and never destroyed any property.
132. In tackling Mr. Rios, this police officer destroyed his camera equipment.
133. Mr. Rios is a professional photographer and his equipment was expensive.
134. During his arrest, the police then threw him in the back of a police car with the windows
rolled up for approximately 30 minutes. Mr. Rios struggled to breathe because of the
chemical irritants which had soaked his clothes.
135. The police officers were indifferent to this.
136. When he arrived at the jail, one officer told him to spread his legs.
137. Mr. Rios could not do so because of the pain in his leg from being shot by a rubber
bullet.
138. Mr. Rios told the officer or deputy this, but he didn’t care and instead kicked Mr. Rios’
leg out, causing Mr. Rios to fall to the ground.
139. The officer then said that Mr. Rios was being combative and placed him in solitary
confinement, denying Mr. Rios the opportunity to place a phone call or see a judge for
several days.
140. He was held for three days, denying him the opportunity to protest further.
141. Mr. Rios was ultimately charged with a protest curfew violation, which was later
dropped.
Alex Hickman
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142. Alex Hickman is a Black man who was shot by Denver police with a rubber bullet for
being Black.
143. Throughout the George Floyd protests, Mr. Hickman had stayed away and instead
would clean up the street and alleyway around his apartment building.
144. However, on the evening of May 31, 2020, Alex Hickman was subjected to excessive
force on the basis that Denver Police perceived him to be a rioter based on his race.
145. That evening, Mr. Hickman was smoking a cigarette in the alleyway behind his house
after work at a restaurant.
146. Mr. Hickman then noticed that some protesters had set a dumpster on fire.
147. As he approached the dumpster to attempt to put out the fire, a police cruiser drove by,
shooting a rubber bullet at Mr. Hickman.
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148. No officer said a word to Mr. Hickman, either a word of warning nor after they shot
him.
149. In fact, the vehicle never even stopped.
150. John Doe police officer simply shot Mr. Hickman from the window of his vehicle and
kept driving.
151. John Doe officers never arrested anyone, nor attempted to arrest anyone.
152. John Doe officers had no basis for believing that Mr. Hickman was committing or about
to commit any crime.
153. John Doe officers made no effort to speak with Mr. Hickman prior to using force.
154. They simply sought to punish Mr. Hickman for their perception of him based on his
race.
155. As a result of this officer’s racially-motivated excessive force, Mr. Hickman suffered
serious injuries which affected his health, his ability to work, and otherwise has left
him more afraid that police will use force on him simply because of his race.
Tashari Sellers
156. On May 29, 2020, Tashari Sellers attended the George Floyd protests in downtown
Denver.
157. Mr. Sellers, a Black man, is also a reservist in the military.
158. Mr. Sellers was present at the Friday night protest for approximately thirty minutes.
159. As a Black man, he didn’t want to risk harm, so he found a spot in civic center park
alone where he could take a knee and raise his first.
160. Within minutes, Mr. Sellers and Ms. Klotzer, who had joined him, were encircled by
twenty police officers.
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161. Before the police approached, they gave no warning, gave no orders, and otherwise did
not communicate with Mr. Sellers.
162. The officers ran at these two silent protesters, guns raised yelling at them to get on the
ground.
163. Mr. Sellers did not move, fearing that he would be shot with live ammunition.
164. The officers grabbed his hands, handcuffed him.
165. When protesters tried to take pictures of the police arresting Mr. Sellers, the officers
pointed their weapons and threatened these individuals.
166. Mr. Sellers was then taken to the downtown detention center.
167. When they arrived, the police officers told the Sheriff’s deputies that he was a “violent
protester.”
168. Mr. Sellers was then held for three days without seeing a judge. During his time, he
was held in 23 hour lockdown.
169. He was charged with a park curfew violation.
170. This charge was later dropped.
171. The Denver police have never arrested someone for violating the park curfew. They
ask people to leave and if necessary, they write a ticket.
172. That night, the Denver police used the park curfew to punish Mr. Sellers for protesting
and to deny him the right to protest during the following nights by imprisoning him.
173. The Sheriff’s deputies, in fraternity with the Denver police, abused their discretion and
punished Mr. Sellers, a pretrial detainee, but placing him in solitary confinement and
lockdown and denying him the opportunity to see a judge for several days.
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Raymond Schwab
174. On May 30, 2020, Raymond Schwab and his stepson attended the George Floyd protest
in downtown Denver.
175. Mr. Schwab and his stepson walked through the crowd, noting that it was a peaceful
group and also that police officers in riot gear had lined up across from one group of
protesters.
176. Without warning or provocation, the police officers began shooting tear gas and pepper
bullets into the crowd.
177. This use of force was entirely indiscriminate.
178. Instead of responding, the crowd of protestors took their protest to the 16th street mall.
179. Mr. Schwab followed this protest, but soon word spread that the Denver police were
attacking a different group of protesters, so Mr. Schwab decided to return to Civic
Center Park to attempt to record the use of force on protesters with his phone.
180. Mr. Schwab began livestreaming and as he neared Civic Center Park, he began to hear
screams of fear from protesters and the percussive sounds of flashbang grenades.
181. Although he had seen no property destruction or violence, he witnessed continual use
of force on peaceful protesters.
182. While standing and filming, the police shot a man standing next to Mr. Schwab in the
face.
183. This protestor was knocked unconscious and Mr. Schwab and other protestors
attempted to provide first aid to him along.
184. While they tried to render aid to this seriously injured man, Denver police targeted
them with pepper balls and other munitions.
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185. Mr. Schwab then approached the front line of the protest and resumed filming.
186. Moments later, it became clear to him that the Denver police were targeting him for his
filming of their abuses.
187. Mr. Schwab then turned and ran, trying to avoid these officers’ retaliation.
188. He could hear and feel pepper balls exploding around him and a flashbang grenade
exploded next to him as he ran.
189. He then felt a surge of pain as he was struck in the back with a rubber bullet.
190. The force of this attack caused Mr. Schwab to drop his phone and fall to the ground.
191. He later developed a large bruise consistent with an injury resulting from a rubber
bullet.
192. Mr. Schwab continued to film, seeing horrors all around and the aggressive targeting
of protesters and journalists by the Denver police.
193. Fearing for his and his stepson’s safety, Mr. Schwab left shortly after being struck.
194. However, Mr. Schwab developed PTSD as a result of the police response to the
protests.
195. As a veteran, the scene was all too reminiscent of an actual war zone.
196. As a result, Mr. Schwab and his stepson left the protest in fear for their safety and did
not return to protest out of fear of the Denver police officers’ response.
Jesse Friedman
197. Over the course of the first four nights of the George Floyd protests in downtown
Denver, Mr. Friedman was subjected to excessive force on account of his protected
expressive activity.
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198. On the afternoon of Thursday, May 28, 2020, Mr. Friedman was in a crowd outside of
one of the Denver police stations, chanting “Hands up, don’t shoot” at police officers.
199. At some point, the police decided to shoot pepper balls at individuals, shooting
protesters, including Mr. Friedman, while their hands were up in the air.
200. Soon, Mr. Friedman along with the other protesters, began hiding behind parked cars
for protection.
201. Whenever a protester would look over the car, police officers began shooting at them,
often aiming for their heads.
202. Mr. Friedman was shot multiple times in the early hours of the first day of protest,
causing him to cough and experience serious breathing issues and pain.
203. Mr. Friedman committed no crime, never resisted arrest, was a danger to no person,
and was destroying no property.
204. The police were simply trying to silence a protest against police brutality.
205. Throughout this first day of protest, Mr. Friedman kept his distance from police, but
recorded these early instances of police brutality on his phone.
206. At some point before sunset, the police decided that they would not permit people to
protest across the street from the police station and began to shoot hundreds and
hundreds pepper balls in a barrage at the protesters.
207. Again, Mr. Friedman was struck.
208. Even after he decided to turn and run for safety, the police officers shot him in the back
with pepper balls.
209. Later, Mr. Friedman was struck with a rubber bullet.
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210. Again, Mr. Friedman had committed no crime, never resisted arrest, was a danger to
no person, and was destroying no property. He was simply protesting.
211. A few minutes later, the police began to fill the streets with tear gas.
212. The police used this force simply because they wanted to end the protest and punish
the protesters for their beliefs and expressive conduct.
213. Mr. Friedman experienced difficulty breathing and pain as a result of this unwarranted
used of chemical munitions.
214. Later that evening, the protest moved down to the state capitol building. The protest
largely consisted of protesters, including Mr. Friedman, chanting “hands up don’t
shoot” with their hands raised.
215. The police again responded with tear gas, causing protesters, including Mr. Friedman
to run.
216. While running away, Mr. Friedman was again shot in the back, this time with a rubber
bullet.
217. Later that same evening, a police officer fired a tear gas canisters at Mr. Friedman,
narrowly missing him, but engulfing him in tear gas.
218. Over the course of the evening, Mr. Friedman was subjected to tear gas, pepper balls,
and rubber bullets no fewer than ten times.
219. Nonetheless, Mr. Friedman came out again on May 29, 2020 to ensure that his voice
was heard and these incidents were recorded.
220. Throughout his time protesting on May 29, 2020, Mr. Friedman was again subjected to
tear gas, pepper balls, and flashbang grenades.
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221. At one point, Mr. Friedman was blinded for 10-15 minutes after a flash bang grenade
exploded near his head. Mr. Friedman had not seen the flash bang coming because
moments earlier, the Denver police had tear gassed the streets, leaving a cloud of
chemical irritants.
222. Mr. Friedman again attended the downtown Denver protests on Saturday, May 30, 2020
to express his opinions and document police aggression.
223. He arrived at approximately 4:45 pm.
224. For the next 3 hours, the Denver police engaged in a campaign to silence the protesters,
using tear gas, pepper balls, pepper mace, and rubber bullets with impunity.
225. Mr. Friedman was subjected to tear gas at least 10 times that day.
226. On Sunday, May 31, 2020, Mr. Friedman again came to downtown Denver to express
his opinions and document the protests.
227. However, the fear and trauma from the preceding three days caused Mr. Friedman to
stay towards the edges of the protests to attempt to avoid being tear gassed once again.
228. Mr. Friedman successfully avoided most of the tear gas, but at the expense of his ability
to fully express his voice.
229. At no time was Mr. Friedman committing a crime, resisting arrest, threatening any
person, or destroying any property.
230. For months after, Mr. Friedman, a former naval officer, experienced difficulty sleeping
and other trauma as a result of the way that the police had created a warzone atmosphere
at the Denver protests.
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Susan McKillips
231. On May 30, 2020, Susan McKillips, a 69 year old woman, came to Denver to
participate in the George Floyd protests.
232. While protesting on May 30th, Ms. McKillips was holding a sign saying “Justice for
George Floyd.”
233. While holding her sign, a Denver police officer sprayed her with pepper spray, directly
in the face.
234. Ms. McKillips again attended the George Floyd protests on June 1, 2020. While
protesting, Ms. McKillips was holding a sign which read, “I can’t breathe.”
235. Ms. McKillips was standing alone on Lincoln when she looked up at the state capitol
balcony.
236. Standing on the balcony was a Denver police officer.
237. The officer looked at Ms. McKillips, making eye contact and then fired a tear gas
canister at her.
238. The canister came within inches of hitting Ms. McKillips in the head.
239. As the tear gas canister flew by her head, it exploded, subjecting Ms. McKillips to a
significant amount of tear gas.
240. Ms. McKillips struggled to breathe and ran.
241. Other protesters had to help Ms. McKillips flush her eyes sue to the chemical irritation.
242. When this John Doe officer shot the tear gas canister at Ms. McKillips, she was
committing no crime, a danger to no person, not resisting arrest, and was not destroying
property.
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243. She was simply holding a sign with a message to which this John Doe officer took
offense.
244. Ms. McKillips is fearful to this day of participating in protests for fear of retaliation by
the police and her vision has worsened as a result of the chemical irritants used on her.
Ryan Kehoe
245. Mr. Kehoe attended the George Floyd protests in downtown Denver on May 28, 2020.
246. While engaged in protest activity, Mr. Kehoe was subjected to tear gas chemicals.
247. The launching of these canisters was done without warning or orders to disperse.
248. While walking home from the protest in fear for his safety, Mr. Kehoe struggled to
breathe.
249. Mr. Kehoe again attended the George Floyd protests on May 30, 2020.
250. While in the protest crowd, Denver police officers fired tear gas, pepper balls, and flash
bang grenades at him and other protesters.
251. As a result of these uses of force, Mr. Kehoe struggled to breathe and have irritated
eyes and skin.
252. Mr. Kehoe then turned to run and was shot in the back several times with pepper balls.
253. He then attempted to use his skateboard for protection, but was struck in the chest with
a kinetic impact projectile which has abrasions across his chest and rib cage.
254. Disoriented, Mr. Kehoe attempted to flee, but a flash bang grenade then exploded only
two feet from him, causing further pain, fear, and disorientation.
255. At no time did Mr. Kehoe commit any crime, resist arrest, threaten any person, or
damage any property.
Adam Bentch and Patricia Koo
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256. On May 30, 2020, Adam Bentch and Patricia Koo attended the George Floyd protests
in downtown Denver to participate and document this important social movement.
257. When Mr. Bentch and Ms. Koo arrived at the state capitol in the afternoon, it was
exceedingly peaceful.
258. They observed protesters standing around, some eating snacks, others providing water
to those who were thirsty, and some holding handmade signs with expressions opposing
police brutality and misconduct.
259. At some point later, Mr. Bentch and Ms. Koo noticed that the atmosphere changed as
a result of police actions.
260. The police, seeking to confront the peaceful protesters, began driving through the
streets, officers in full military garb, hanging off of vehicles.
261. The officers then formed a line on one street and started to push protesters.
262. The police officers pointed their weapons at protesters who had committed no crimes
and threatened them for their speech.
263. The protesters responded with chants – “why are you in riot gear – we don’t see no riot
here.”
264. The protesters then kneeled with their hands in the air to continue their peaceful protest.
265. The police officers then approached the protesters, giving no commands or warnings.
266. Then suddenly, the police fired tear gas canisters and pepper balls into the crowd.
267. Quickly, the protesters ran, suffocating on chemical agents.
268. Mr. Bentch attempted to continue taking photographs, but was quickly overwhelmed
by the tear gas.
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269. Mr. Bentch the stumbled toward civic center park, collapsing several times in a
coughing fit.
270. Mr. Bentch was ultimately helped by medics, but the effects of tear gas on his eyes and
lungs was severe.
271. Ms. Koo, a professional photographer, was standing off to the side, documenting this
moment.
272. She attempted to remain, even as the tear gas enveloped her.
273. Then, a Denver police officer noticed her and immediately raised his gun and pointed
it at her.
274. Ms. Koo turned and began to run, fearing for her safety.
275. The officer then shot several rounds, hitting Ms. Koo on the thighs and genital area.
276. Ms. Koo’s pain was intense and she immediately feared that she had been shot with a
real bullet. She checked where she had been shot, expecting to see blood.
277. Disoriented and in pain, Ms. Koo looked for a place to rest. She feared for her life in
that moment.
278. Ms. Koo found a place to sit and attempted to collect her thoughts.
279. Soon, Mr. Bentch found Ms. Koo and they tried to leave, scared and in pain.
280. As they walked, Mr. Bentch collapsed several more times and Ms. Koo struggled to
walk with the pain in her leg.
281. On the way to their car, they found a medic tent and sought treatment.
282. For the next several hours, Ms. Koo suffered intense pain as a result of this unprovoked
attack.
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283. When Mr. Bentch and Ms. Koo attempted to attend a protest the following day in
Omaha, they were too fearful of the police to participate.
Isis Usborne
284. On the evening of May 28, 2020, Ms. Usborne attended the George Floyd Protests in
downtown Denver.
285. Along with several friends, Ms. Usborne joined thousands of demonstrators to express
her views about police violence and brutality.
286. She held a sign and chanted, at times directing her speech to police officers in riot gear.
287. The police officers soon yelled at the protesters to stop protesting and leave.
288. The police then formed a line and began pushing the protesters, including Ms. Usborne
with batons and mace.
289. The police shot tear gas canisters and flash bang grenades into the crowd.
290. No one had committed any crime, was committing a crime, or destroying property.
291. In fact, this was the first day of protests and those protesting were surprised that the
Denver police were responding to their protests with force.
292. At one point, a police officer shoved Ms. Usborne’s friend Mysha, a Black woman,
several times.
293. Ms. Usborne told the officers not to touch Mysha and in response, the officer sprayed
Ms. Usborne with bear mace directly in her eyes.
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294. Ms. Usborne immediately fell to the ground in pain.
295. Screaming, crying, and groaning in pain, Ms. Usborne struggled to find a convenience
store to buy milk to deal with this unjust attack.
296. For the next eight hours, Mr. Usborne experienced severe pain as a result of this
officer’s wanton use of chemical agents.
297. When Ms. Usborne was attacked by the police officer, she was committing no crime,
was no threat to any person or officer, and was committing no property destruction.
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298. She was simply expressing her political beliefs on police brutality.
299. This use of force intimidated Ms. Usborne and stopped her protest, both the evening of
May 28, 2020 and during future protests.
Kristen Klotzer
300. On May 28, 2020, Kristen Klotzer attended the first night of the George Floyd protests
in downtown Denver.
301. Ms. Klotzer attended to express her political opinions on police brutality, abuse
misconduct, and police killings in America.
302. Over the course of that evening, Ms. Klotzer never broke any law, never engaged in
any property destruction, and was a danger to no person. She was simply there to chant,
march, and peacefully express her beliefs.
303. Over the course of the evening, Ms. Klotzer was shot with pepper balls at least six
times, was completely covered in mace by one officer, subjected multiple times to tear
gas, and was threatened by other officers throughout the evening.
304. Nonetheless, Ms. Klotzer returned again on Friday, May 29, 2020 to continue to
support this protest movement.
305. As with the night before, Ms. Klotzer witnessed and was subjected to use of force by
the Denver police over the course of the evening, including the use of tear gas, flash
bangs, and pepper balls.
306. At around 11 pm, she noticed a Black man kneeling alone with his hand in the air.
307. She decided to join him.
308. As Ms. Klotzer and Mr. Sellers kneeled there, approximately twenty police officers
swarmed at them while aiming their guns at Ms. Klotzer and Mr. Sellers.
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309. Without warning, the Denver police officers arrested Ms. Klotzer and Mr. Sellers for
breaking the park curfew, but in reality, they were arresting these two individuals for
protesting police brutality.
310. Denver does not arrest people for violating park curfews. They are given tickets.
311. Ms. Klotzer’s arrest was an instance of selective enforcement of the Denver park
curfew to punish her for her speech.
312. The Denver police succeeded.
313. Ms. Klotzer was held in solitary confinement for several days and was unable to
continue participating in the protests during the remainder of the weekend.
314. Fearing for her safety and her liberty, Ms. Klotzer was afraid to again engage in protest
activity.
315. When Ms. Klotzer was placed under arrest, she was placed in extremely tight plastic
hand ties.
316. She complained to the officers, but they were unwilling to adjust her restraints.
317. As a result, she lost feeling in her left hand, taking nearly two weeks to regain proper
usage of that hand and with continued pain in that hand.
318. When they arrived, the police officers told the Sheriff’s deputies that he was a “violent
protester.”
319. While in jail, the Denver Sheriff’s deputies continued the Denver police effort to punish
Ms. Klotzer for her speech.
320. She informed the guards immediately that she was a Buddhist that accordingly, would
require a vegan diet.
51
321. The Sheriff’s deputies instead brought meat and other foods inconsistent with Ms.
Klotzer’s religious beliefs.
322. As a result, for over 36 hours, Ms. Klotzer was unable to eat.
323. Ms. Klotzer was held for several days without seeing a judge. During his time, she was
held in 23 hour lockdown.
324. She was charged with a park curfew violation.
325. This charge was later dropped.
326. The Denver police have never arrested someone for violating the park curfew. They
ask people to leave and if necessary, they write a ticket.
327. That night, the Denver police used the park curfew to punish Ms. Klotzer for protesting
and to deny him the right to protest during the following nights by imprisoning him.
328. The Sheriff’s deputies, in fraternity with the Denver police, abused their discretion and
punished Mr. Klotzer, a pretrial detainee, but placing him in solitary confinement and
lockdown and denying him the opportunity to see a judge for several days.
Joe Szuszwalak
329. On May 28, 2020, Joe Szuszwalak attended the George Floyd protests in downtown
Denver.
330. While protesting, Mr. Szuszwalak was subjected to pepper spray and tear gas.
331. Mr. Szuszwalak ran to escape this chemical cloud and came upon a man how was
kneeling on the ground, crying after having been pepper sprayed from point blank
range.
332. Mr. Szuszwalak is a trained EMT.
52
333. As he was tending to this man, Mr. Szuszwalak was shot in the back several times with
pepper balls.
334. It was clear that the police were targeting him because he was a medic.
335. Mr. Szuszwalak came out again on May 30, 2020 to participate in the protests.
336. Mr. Szuszwalak kneeled with other protesters and chanted “Hands up, don’t shoot.”
337. The police shot their munitions at these protesters.
338. As a result, Mr. Szuszwalak sustained serious pain from the chemical attack and
abrasions and bruises.
339. At no time did Mr. Szuszwalak commit any crime, resist arrest, threaten any person, or
destroy any property.
340. Nonetheless, Mr. Szuszwalak was subjected to significant use of force simply for
protesting.
STATEMENT OF CLAIMS FOR RELIEF
FIRST CLAIM FOR RELIEF

42 U.S.C. § 1983
Fourth Amendment Violation — Excessive Force
(All Plaintiffs against All Defendants)
341. Plaintiffs incorporate by reference the allegations contained in the foregoing
paragraphs, as though fully set forth herein.
342. Defendants acted under color of state law, and within the course and scope of their
employment, in their capacities as law enforcement officers for the DPD at all times
relevant to the allegations in this Complaint.
343. Defendants are “persons” under 42 U.S.C. § 1983.
344. Plaintiffs had a protected Fourth Amendment interest against being victimized by the
use of excessive force at the hands of law enforcement personnel.
53
345. Defendants did not have, at any time, a legally valid basis to seize Plaintiffs.
346. Defendants unlawfully seized Plaintiffs by means of excessive physical force,
including the use of chemical agents and KIPs.
347. Defendants had no warrant authorizing any seizure of Plaintiffs.
348. Each Defendant failed to intervene to prevent the other Defendants from violating
Plaintiffs’ constitutional rights and is thereby liable for such failure to intervene.
349. Defendants’ actions were objectively unreasonable in light of the circumstances
confronting them.
350. Plaintiffs had committed no crime (nor could any of the Defendants have reasonably
believed they had committed any crime) that would legally justify arrest or detention,
Plaintiffs gave the officers no reason to fear for their safety, Plaintiffs were obviously
unarmed, and Plaintiffs were not resisting arrest or fleeing.
351. Defendants did not have a legally valid basis to seize Plaintiffs in the manner and with
the level of force used under the circumstances presented.
352. Defendants recklessly created the situation in which they used force.
353. Defendants’ actions, as described herein, were objectively unreasonable in light of the
facts and circumstances confronting them.
354. At the time when Defendants used excessive force against Plaintiffs, Plaintiffs had a
clearly established constitutional right under the Fourth Amendment to the United
States Constitution to be secure from unreasonable seizure through excessive force.
Any reasonable law enforcement officer knew or should have known of this clearly
established right.
355. Defendants engaged in these actions intentionally, willfully, and wantonly,
54
demonstrating deliberate indifference to, and a reckless disregard for, Plaintiffs’
constitutionally protected rights.
356. Defendant Denver has a custom, practice, or policy of tolerating violations of the
Fourth Amendment of the United States Constitution.
357. The actions of the Defendants were authorized (before and during the fact), and ratified
(after the fact), by final policymakers for Defendant Denver, including Chief Pazen and
Defendant Phelan.
358. Defendant Denver’s customs, policies, and/or practices, and the decisions of its final
policymakers, were the moving force behind Defendants’ violation of Plaintiffs’
359. Defendant Denver, Chief Pazen, and Defendant Phelan failed to properly supervise
and/or train its officers.
360. As a direct and proximate cause and consequence of Defendants’ unconstitutional acts
and omissions, described herein, Plaintiffs suffered injuries, damages, and losses.
361. Defendants’ herein described acts or omissions were the moving force and the legal,
direct, and proximate cause of Plaintiffs’ injuries and losses, including but not limited
to non-economic damages, economic damages, the physical and mental pain and
anguish Plaintiffs suffered during and after the vigil, and other compensatory and
special damages.
362. Defendants’ intentional actions or inactions as described herein intentionally deprived
Plaintiffs of due process and of rights, privileges, liberties, and immunities secured by
the Constitution of the United States of America.
55
SECOND CLAIM FOR RELIEF

42 U.S.C. § 1983
Fourteenth Amendment Violation — Excessive Force
(All Plaintiffs against All Defendants)
366. Plaintiffs had a protected Fourteenth Amendment Substantive Due Process interest
against being unreasonably harmed by the use of excessive force at the hands of law
enforcement personnel.
367. Defendants did not have, at any time, a legally valid basis to use force against Plaintiffs.
368. Defendants’ use of force was extremely disproportionate.
369. Defendants acted with malice and/or excessive zeal amounting to an abuse of power.
370. Defendants acted for the purpose of causing harm unrelated and unnecessary to any
relevant policing objective.
371. Defendants’ actions were arbitrary and/or conscience shocking in light of the
circumstances confronting them.
372. Defendants failed to intervene to prevent each Defendant from violating Plaintiffs’
56
374. At the time when Defendants used excessive force against Plaintiffs, Plaintiffs had a
clearly established constitutional right under the Fourteenth Amendment to the United
States Constitution to be secure from excessive force. Any reasonable law enforcement
officer knew or should have known of this clearly established right.
Commander Phelan.
377. Defendants Denver, Chief Pazen, and Commander Phelan failed to properly supervise
and omissions, described above, Plaintiffs suffered injuries, damages, and losses.
special damages.
57
THIRD CLAIM FOR RELIEF

42 U.S.C. § 1983
First Amendment Violation — Freedom of Speech and Assembly
(Plaintiffs Marquis Dominick, Brett Rios, Tashari Sellers, Raymond Schwab, Jesse
Friedman, Susan McKillips, Ryan Kehoe, Adam Bentch, Patricia Koo, Isis
Usborne, Kristen Klotzer, and Joe Sazuszwala against All Defendants)
382. Defendants, acted under color of state law, and within the course and scope of their
employment, in their capacities as officers of the DPD at all times relevant to the
allegations in this Complaint.
384. Plaintiffs were engaged in First Amendment-protected expression by gathering to
protest police brutality.
385. The actions of Defendants – specifically, the use of excessive force against peaceful
protesters – would chill a reasonable person from engaging in activity protected by the
First Amendment.
386. Plaintiffs’ expressions were on a matter of public concern and did not violate any law.
387. Plaintiffs’ expressions occurred in a traditional public forum.
388. Defendants’ actions were a content-based and/or viewpoint-based restriction of
Plaintiffs’ expressions.
389. Defendants’ actions were not a reasonable time, place, and manner restriction on
speech.
390. Defendants, collectively, failed to intervene to prevent each Defendant from violating
Plaintiffs’ constitutional rights.
58
391. At the time when Defendants stopped Plaintiffs from speaking and gathering, Plaintiffs
had a clearly established constitutional right under the First Amendment to the United
States Constitution to gather, express themselves, and speak freely. Any reasonable law
enforcement officer knew or should have known of this clearly established right.
392. Defendants engaged in their conduct intentionally, knowingly, willfully, wantonly,
maliciously, and in reckless disregard of Plaintiffs’ constitutional rights.
393. Defendants stopped Plaintiffs from engaging in expressive activity in accordance with
the customs, policies, and practices of Defendant Denver.
394. Defendant Denver has a custom, practice or policy of tolerating violations of the First
Amendment of the United States Constitution.
Commander Phelan.
to non-economic damages, economic damages, the physical and mental pain, and
59
anguish Plaintiffs suffered during and after the protest, and other compensatory and
special damages.
FOURTH CLAIM FOR RELIEF

42 U.S.C. § 1983
First Amendment Violation — Retaliation
404. Plaintiffs were engaged in First Amendment-protected expression by gathering to
protest police brutality.
405. The actions of Defendants – specifically, the use of excessive force against peaceful
protesters – would chill a reasonable person from engaging in activity protected by the
First Amendment.
406. Plaintiffs’ expression was on a matter of public concern and did not violate any law.
407. Plaintiffs’ expression occurred in a traditional public forum.
408. Defendants jointly and on their own accord responded to Plaintiffs’ First Amendment
60
protected activity with retaliation, including but not limited to use of physical force,
including KIPs and chemical agents.
409. By unlawfully using force against Plaintiffs, Defendants sought to punish Plaintiffs for
exercising their First Amendment rights, to silence them, and to deter them from
gathering and speaking in the future. Defendants’ retaliatory actions would chill a
person of ordinary firmness from engaging in such First Amendment protected activity.
410. Defendants’ retaliatory actions were substantially motivated by Plaintiffs’ exercise of
his First Amendment rights.
411. At the time when Defendants retaliated against Plaintiffs for exercising their First
Amendment rights, Plaintiffs had a clearly established constitutional right under the
First Amendment to the United States Constitution to be free from retaliation. Any
reasonable law enforcement officer knew or should have known of this clearly
established right.
412. Defendants, collectively, failed to intervene to prevent each Defendant from violating
Plaintiffs’ constitutional rights.
413. Defendants engaged in their conduct intentionally, knowingly, willfully, wantonly,
maliciously, and in reckless disregard of Plaintiffs’ constitutional rights.
414. Defendants stopped Plaintiffs from engaging in expressive activity in accordance with
the customs, policies, and practices of Defendant Denver.
415. Defendant Denver has a custom, practice or policy of tolerating its officers’ retaliatory
violations of the First Amendment of the United States Constitution.
61
417. The actions of Defendants were authorized (before and during the fact), and ratified
Commander Phelan.
special damages.
FIFTH CLAIM FOR RELIEF

42 U.S.C. § 1983
Fourteenth Amendment Violation — Procedural Due Process
62
425. The due process rights of Plaintiffs were violated when Defendants failed to provide
any warning about the deployment of KIPs, to provide an opportunity to disperse, to
leave open routes of egress, and to enforce the laws of the City of Denver and State of
Colorado in a way that a person of ordinary intelligence could understand and comply
with them.
426. Defendants’ use of force during the protests was inflicted based on the unbridled
discretion of individual police officers, and was in no way guided by any published law
or legal authority that would provide a person of ordinary intelligence with a reasonable
opportunity to understand what conduct is permitted and prohibited, or what conduct
would result in the use of force.
427. Denver’s customs, policies, and practices relating to the use of force during the protests
permitted use of force at the unbridled discretion of an individual police officer, without
adequate notice or an adequate opportunity to comply, in a way that does not provide
a person of ordinary intelligence with a reasonable opportunity to understand what
conduct is permitted and prohibited, and in a way that authorizes and encourages
discrimination based on the content of the message of a person engaged in expressive
activity.
428. Plaintiffs reasonably fear further violation of the right to due process in the future if
they participate in protest activity.
429. At the time when Defendants violated Plaintiffs’ due process rights, Plaintiffs had a
63
clearly established constitutional right under the Fourteenth Amendment to the United
States Constitution to be afforded due process of law. Any reasonable law enforcement
officer knew or should have known of this clearly established right.
Commander Phelan.
special damages.
64
SIXTH CLAIM FOR RELIEF

42 U.S.C. § 1983
Fourth Amendment Violation — Failure to Train or Supervise
(All Plaintiffs against Defendants Denver, Pazen, and Phelan)
440. Plaintiffs had a protected Fourth Amendment interest against being victimized by the
use of excessive force at the hands of law enforcement personnel.
441. Defendants did not have, at any time, a legally valid basis to seize Plaintiffs.
442. Defendants unlawfully seized Plaintiffs by means of excessive physical force,
including the use of chemical agents and KIPs.
443. Defendants Denver, Pazen, and Phalen had an obligation to ensure that their officers
were properly trained in responding to First Amendment activity, including criticism
of officers, and the use of less lethal munitions.
444. Defendants Denver, Pazen, and Phalen were made aware over the course of several
evenings that DPD officers were using less lethal munitions, including rubber bullets,
in a retaliatory manner.
445. Defendants Denver, Pazen, and Phalen were made aware over the course of several
evenings that DPD officers were using less lethal munitions, including rubber bullets,
65
in a dangerous manner, often aiming for heads and seeking to inflict the maximum
damage possible on protesters.
446. Defendants Denver, Pazen, and Phalen had a duty to the citizens of Denver and the
protesters to stop the use of excessive and often deadly force against protesters who
were not threatening any bodily harm.
447. Defendants Denver, Pazen, and Phalen failed to train their officers in the use of these
less lethal munitions and in how to respond to protest movements.
special damages.
SEVENTH CLAIM FOR RELIEF

42 U.S.C. § 1983
Fourteenth Amendment Violation — Equal Protection
(Plaintiff Alex Hickman against John Doe Defendants)
451. Plaintiff incorporates by reference the allegations contained in the foregoing
66
454. Plaintiff had a protected Fourteenth Amendment interest against being discriminated
against on the basis of his race.
455. Plaintiff is a Black man and is a member of a protected class.
456. Defendants did not have, at any time, a legally valid basis to seize Plaintiff.
457. Defendants unlawfully seized Plaintiff by means of excessive physical force, including
the use of chemical agents and KIPs.
458. John Doe Defendants shot Plaintiff with a KIP on the basis of his race.
459. Defendants possessed no compelling interest in the use of race on a discriminatory
basis.
and omissions, described above, Plaintiff suffered injuries, damages, and losses.
direct, and proximate cause of Plaintiff’s injuries and losses, including but not limited
anguish Plaintiff suffered during and after the protest, and other compensatory and
special damages.
Plaintiff of due process and of rights, privileges, liberties, and immunities secured by
67
EIGHTH CLAIM FOR RELIEF

42 U.S.C. § 1983
Fourteenth Amendment Violation — Equal Protection – Selective Enforcement
(Plaintiffs Kristen Klotzer and Tashari Sellers against Defendant Denver and John Doe
Defendants)
463. Plaintiffs incorporates by reference the allegations contained in the foregoing
465. Defendant are “persons” under 42 U.S.C. § 1983.
466. Plaintiffs were arrested for their First Amendment activity when other similarly situated
individuals have never been arrested under the park curfew law.
467. The officers’ discriminatory intent was the motivating factor in Plaintiffs’ arrests.
special damages.
68
PRAYER FOR RELIEF
WHEREFORE, Plaintiffs respectfully request that this Court enter judgment in his favor
and against each Defendant, and award him all relief allowed by law, including but not limited to
the following:
A. All appropriate relief at law and equity;
B. Declaratory relief and other appropriate equitable relief;
C. Economic losses on all claims as allowed by law;
D. Compensatory and consequential damages, including damages for emotional
distress, humiliation, loss of enjoyment of life, and other pain and suffering on all
claims allowed by law in an amount to be determined at trial;
E. Punitive damages on all claims allowed by law and in an amount to be determined
at trial;
F. Attorneys’ fees and the costs associated with this action under 42 U.S.C. § 1988,
including expert witness fees, on all claims allowed by law;
G. Pre-and post-judgment interest at the lawful rate; and
H. Any other appropriate relief at law and equity that this Court deems just and proper.
PLAINTIFFS DEMAND A JURY TRIAL ON ALL ISSUES SO TRIABLE.
Respectfully submitted this 27th day of May 2022.
69
s/ Edward Milo Schwab

Edward Milo Schwab, #47897
Ascend Counsel, LLC
2401 S. Downing Street
Denver, CO 80210
(303) 888-4407
[email protected]
ATTORNEY FOR PLAINTIFF
70

Marquis Dominick, Et Al., v. City and County of Denver, Et Al.

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Case 1:22-cv-01343 Document 1 Filed 05/27/22 USDC Colorado Page 1 of 70

IN THE UNITED STATES DISTRICT COURT

Civil Action No.

MARQUIS DOMINICK, BRETT RIOS, ALEX HICKMAN, TASHARI SELLERS, RAYMOND

THE CITY AND COUNTY OF DENVER, a municipal entity;

COMPLAINT AND JURY DEMAND

demanded for his calls for reform was a shattered skull.

JURISDICTION AND VENUE

pursuant to Title 42 U.S.C. § 1983. Jurisdiction is conferred on this Court pursuant to

are conferred by 42 U.S.C. § 1988.

of Colorado and was during the relevant times described herein.

Colorado and was during the relevant times described herein.

Colorado and was during the relevant times described herein.

Colorado and was during the relevant times described herein.

of Colorado and was during the relevant times described herein.

Colorado and was during the relevant times described herein.

Colorado and was during the relevant times described herein.

Colorado and was during the relevant times described herein.

York and was during the relevant times described herein.

Hawaii and was during the relevant times described herein.

Colorado and was during the relevant times described herein.

Colorado and was during the relevant times described herein.

murder of George Floyd.

murder of George Floyd.

20. George Floyd was murdered on May 25, 2020.

wagons in defense of a murderer, simply because he wears a badge and a gun.

with thousands taking to the streets in protest.

the streets and jails of Denver.

Denver’s lawless law enforcement officers.

calling for a more just policing system.

During the George Floyd Protests.

those outside the protests to see their actions.

Hymoung Chan’s arm after being shot

Mr. Chan’s press badge

shot him in the chest with a pepper ball.

with a rubber bullet, causing bruising, which lasted several weeks.

from that station. The round struck Mr. Jojola’s backpack.

was done in retaliation for his efforts to record their conduct.

canister directly into her face.

on his head and right abdomen.

Alex Burness after being shot

apparent reason. There was no violence or property destruction happening; Mr.

Force without Any Reasonable Basis

were expressing. It was that simple.

brutality against those seeking change.

Defendants Phelan and Pazen.

punishment, a District of Colorado Court issued a Temporary Restraining Order on the

indiscriminately into crowds.

Nadolsky with pepper balls.

crime and threatened no person. The DPD officers drove away.

Denver Police Officers Repeatedly Intentionally Shot Protesters in the Head

66. This is the use of deadly force.

67. The manufacturers of rubber bullets say so.

69. And the Denver police operations manual says so.

protester in the head. They took eyes and cracked skulls.

serious injuries at the hands of their subordinate police officers.

72. They took no action.

wearing a mask, he likely would have lost his eye.

not entered until Friday, June 5, 2020.

bandaged by a doctor and later loaded into an ambulance.

Mr. Feldman after being shot

protesting and was not engaging in any violence or property destruction.