DENVER (KDVR) — A man who recorded a police officer firing a pepper ball at him during the George Floyd protests in May 2020 filed a lawsuit Thursday against the City and County of Denver.
“We’re looking for some accountability, and I think we were hoping for some discipline for the officer, but it’s not looking like that’s going to be the case,” said Darrell Hampton.
In the lawsuit, Hampton said he “pulled out his cell phone and began recording the officers from the sidewalk” as several were riding by him, with weapons, on the back of a police vehicle. Hampton claimed an officer “aimed his pepper ball launcher directly at (his) face,” and then fired the weapon.
The pepper ball hit Hampton’s phone, according to the lawsuit and the video Hampton recorded.
“After being struck with the pepper ball, Mr. Hampton fell to the ground. His face burned from the pepper ball, and he was disoriented,” the lawsuit said.
The Denver Police Department told the Problem Solvers an internal affairs case related to the incident is still open, “pending review by the (Office of the Independent Monitor),” said Andrea Webber, the records administrator for the Department of Public Safety.
“There has been no discipline imposed, despite the fact there was an investigation and they know who shot Darrell,” said Andy McNulty, the attorney representing Hampton. “They said that the officer’s actions were within policy. There has been no accountability and that is why this lawsuit is necessary.”
The lawsuit comes as the City and County of Denver is defending itself in federal court against a lawsuit alleging multiple police violated protesters’ rights by launching weapons and tear gas while they were expressing their first amendment rights.
The City and County of Denver has already settled three different lawsuits involving protesters who claimed they were injured by police actions during the protests. The settlements total more than $1.3 million.
“I think what’s more important is that hopefully, through settling these cases, it will help to prevent things like this from happening in the future,” said Hampton. “A lot of our rights were violated around that time.”
Denver does not comment on pending litigation.
The police have made various policy changes since the protests, including improved tracking of use of force incidents.