Denver asks SCOTUS to halt $14M payout to George Floyd protesters 

WASHINGTON (CN) — Denver asked the Supreme Court on Wednesday to hit pause on a $14 million payout to 12 protesters injured by police during the 2020 George Floyd protests.

The Colorado city says testimony from an independent monitor erroneously contributed to the jury’s verdict finding that Denver police used excessive force against demonstrators in violation of their First, Fourth and 14th Amendment rights.

An appeals court unanimously affirmed the jury’s 2022 verdict earlier this year, but Denver asked the Supreme Court to prevent the 10th Circuit’s ruling from taking effect before the justices can weigh in.

Denver said it would be irreparably harmed if forced to pay protesters ahead of any Supreme Court review, noting that with interest and attorney’s fees, the judgment will be around $20 million.

“The judgment in this matter will be paid by public funds from Denver,” the city wrote in its emergency application. “As a result, Denver’s taxpayers have an interest in the opportunity for Denver to file a petition for writ of certiorari for consideration by this court and a concomitant stay pending resolution of the petition.”

After the death of Geoge Floyd in May 2020, protests against police brutality broke out across the country and lasted throughout the summer. A group of protesters in Denver sued after officers began using “less-lethal” munitions to quell unrest stemming from the large-scale demonstrations.

The dozen protesters named in the case said officers used tear gas, smoke canisters, pepper balls, rubber bullets and pepper spray against peaceful protesters. One plaintiff, Zach Packard, was shot in the head with a pepper ball, which consists of a lead-filled Kevlar bag. The projectile fractured his skull, broke his neck and knocked him unconscious. Another protester, Stanford Smith, was sprayed directly in the face with tear gas.

During the three-week trial, jurors were shown videos of officers deploying chemical munitions and flash bang grenades without warning. And the jury heard from expert witnesses on policing and crowd management, including the city’s independent monitor, Nicolas Mitchell.

Mitchell issued a report on Denver police’s response to the protests that was not admitted as evidence during trial. However, Mitchell testified about his information gathering and the report’s content as a lay witness.

Denver cited Mitchell’s testimony as a reason for overturning the jury’s verdict on appeal. The city claimed that his after-the-fact assessment was cloaked with the authority of his prior service, allowing him to give what amounts to the same opinion as an expert without meeting the same requirements as other witnesses.

The 10th Circuit rejected Denver’s claims, finding that Mitchell’s first-hand knowledge of the information in the investigation was analogous to testimony from law enforcement officers.

But the city said evidence rules for testimony from civil oversight needed further scrutiny from the Supreme Court. Denver claimed that the proliferation of independent monitors would lead to testimony from civilian overseers playing a significant role in cases involving law enforcement misconduct.

“This is particularly significant in the context of police independent monitors because of their status as perceived independent arbiters of police activity, their public profiles, and their close association with the same jurisdictions being sued,” Denver wrote. “These realities warrant this court taking a hard look at this issue and demonstrate a fair prospect this court would reject the Tenth Circuit’s analysis and conclusion.”

Denver has until July 20 to appeal the 10th Circuit’s ruling to the Supreme Court. The city asked that the appeals court’s judgment be stayed until the justices decide whether to hear its case.

Earlier this week, Denver approved a $2.9 million settlement to protesters injured during the 2020 demonstrations in a separate lawsuit. According to the city, nearly $22 million has been paid out in settlements related to George Floyd lawsuits so far.

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