Judge denies Denver’s request for new trial in protest lawsuit, won’t significantly reduce jury’s $14 million award

A federal choose on Monday denied Denver metropolis attorneys’ request for a brand new trial and a considerably decrease penalty within the civil case through which a jury awarded protesters $14 million after police injured them whereas they peacefully demonstrated in the course of the 2020 racial justice demonstrations following the homicide of George Floyd.

U.S. District Choose R. Brooke Jackson discovered town did not current convincing arguments that the jury’s March resolution needs to be undone.

The proof supported the jury’s discovering that Denver Police Division coverage gave officers vast discretion to make use of less-lethal weapons like pepper ball weapons and tear fuel in protest conditions, he wrote. He additionally discovered that Denver was answerable for the actions of officers from different departments who had been known as in to assist Denver police.

“The police little doubt confronted a really troublesome scenario, as there have been people within the crowds who threw rocks, full water bottles and different objects at officers all through the protests,” Jackson wrote. “Nevertheless, Denver’s cussed occasion that the police did nothing fallacious within the face of overwhelming video proof on the contrary, coupled with proof that every plaintiff was peaceable however sustained accidents on account of the misconduct, was adequate to assist the jurors’ verdict.”

Jackson additionally denied town’s request to make use of a authorized course of known as remittitur to decrease the $14 million in damages the jury awarded to the 12 protesters.

“Remittitur is an excessive treatment and one which this Court docket wouldn’t have interaction in with no verdict that shocked the judicial conscience,” Jackson wrote in his order. “This isn’t such a verdict. The plaintiffs testified concerning the affect that their experiences by the hands of the police whereas they peacefully protested had on them. It’s clear from the decision that the jury believed that testimony and assessed damages that they believed had been warranted in gentle of that affect.”

“The Court docket might need awarded much less,” he continued. “Nevertheless, the jury is the conscience of the neighborhood.”

Jackson did grant a small slice of town’s request. He lowered the quantity of damages awarded in opposition to Denver police officer Jonathan Christian from $250,000 to $50,000. Christian shot plaintiff Elisabeth Epps with a pepper ball whereas she crossed the road.

“If Ms. Epps is unwilling to just accept that quantity, then I’ll grant a brand new trial as to her claims in opposition to Mr. Christian,” Jackson wrote.

One of many attorneys representing the protesters stated he was thrilled with the choose’s resolution.

“The Court docket affirmed that our jury was extraordinarily diligent, attentive, and requested considerate questions all through the trial,” Timothy Macdonald, companion at Arnold and Porter, stated in an announcement. “We stay up for bringing this case to a detailed.”