Thirteen demonstrators protesting George Floyd's murder sued the city of Columbus, Ohio and various other officers in their official and individual capacities for allegedly using excessive force. The lawsuit, filed on July 8, 2020, alleged that police officers used pepper spray and rubber bullets among other methods without giving warning to the protestors. The plaintiffs, represented by private counsel, sued under 42 U.S.C. § 1983, alleging violations of their First Amendment right to assemble and their Fourth Amendment right to be free from excessive force, as well as state law claims of gross negligence, battery, and malicious prosecution. The plaintiffs sought declaratory judgment, injunctive relief enjoining defendants from using similar conduct in the future, compensatory damages, punitive damages, and attorneys' fees and costs. The case was assigned to Judge Algenon Marbley.

The plaintiffs filed an amended complaint on September 16, 2020. They added more individual named plaintiffs and also added another state law claim. About two months later, the plaintiffs also filed a motion for preliminary injunction. The plaintiffs sought to enjoin the defendants from using non-lethal force such as tear gas, flash-bang grenades, or batons on nonviolent protestors.

On April 30, 2021, Judge Marbley granted the preliminary injunction. 2021 WL 1725554. In a lengthy opinion that began by recounting how "formal policing took its earliest form in slave patrols," Judge Marbley enjoined the defendants from using non-lethal force (including tear gas, flash-bang grenades, rubber bullets, batons, etc.) to disperse non-violent protestors. Instead, defendants could only use citations or arrests. The defendants were also ordered to ensure that their body cameras were in good working order.

As of May 25, the case remains ongoing.

Justin Hill - 05/24/2021


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