This lawsuit was filed on June 18, 2020 in the U.S. District Court for the Southern District of Indiana. The suit was filed in response to police tactics used to quell protests in Indianapolis that ensued following the police killing of George Floyd in May of 2020. Plaintiffs were Indy 10 Black Lives Matter (a Black Lives Matter chapter out of Indianapolis) and three individual plaintiffs. They were represented by attorneys from the ACLU of Indiana. The only defendant was the City of Indianapolis.

The complaint alleged that Indianapolis police used stun grenades, tear gas, and pepper-balls against peaceful protesters, in addition to rubber bullets and police dogs. Plaintiffs alleged that these actions violated the plaintiffs' First Amendment rights to free speech and free assembly and their Fourth Amendment rights from excessive force. Plaintiffs sought declaratory relief, a preliminary and permanent injunction prohibiting defendants from interfering with peaceful protests, especially with excessive force. They also sought money damages and attorney's fees and costs.

The case was assigned to Judge Jane Magnus-Stinson and Magistrate Judge Doris L. Pryor. At the end of June, the court ordered a hearing for the preliminary injunction. Briefing on the motion for a preliminary injunction continued throughout July and August. In early September, the parties indicated that they were working with Magistrate Judge Pryor to try and reach a settlement.

On October 5, the parties reached a settlement, and shortly after, the plaintiffs withdrew their motion for a preliminary injunction. Under the settlement, the Indianapolis Metro Police Department ("IMPD") may only use force that is objectively reasonable and proportionate to the circumstances. No riot control agents that under City and IMPD policies require approval abuse would be used to deter protestors from going to another location, against protestors because elsewhere in the City there were unlawful activities taking place, and against protesters engaged in passive resistance. In addition, the settlement required IMPD to take reasonable measures to ensure announcements to disperse were heard by all and to announce the use of riot control agents.

The plaintiffs filed a stipulation of dismissal with prejudice on December 11, 2020, and the Court dismissed the case on December 14, 2020. This case is closed.

Jack Hibbard - 07/17/2020
Jack Hibbard - 08/04/2020
Emily Kempa - 12/30/2020


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