Aurora police officers will face trial for excessive use of force against protesters in 2020
Three Aurora police officers and the city of Aurora will face trial for violating the constitutional rights of two men during 2020 protests in Denver.
Officers deployed projectiles, flash-bang grenades, chemical weapons, and other less-lethal weapons against peaceful protesters.
The court explained that the use of less-lethal munitions is "unconstitutionally excessive force when applied to an unthreatening protester who has neither committed a serious offense nor attempted to flee."
ACLU Colorado applauds the court's decision. They say it affirms that police officers are not above accountability for abuse of force, even when acting under the supervision of other departments.
"Our clients went to the streets to raise their voices against police abuse and the police responded with violence. This decision is another step in holding them accountable," said Tim Macdonald, legal director of ACLU Colorado. "Some of our clients were kneeling with their hands up when they were shot."
Aurora police officers shot plaintiff Zachary Packard in the head with a lead-filled bag fired from a shotgun. He was rendered unconscious and suffered a fractured skull and jaw, two fractured discs and bleeding in his brain.
Aurora officers also struck Johnathan Duran with a foam baton round to the groin.
CBS News Colorado spoke with Packard following the Denver lawsuit last year.
"Our clients filed this case because they wanted police reform. They wanted to make sure that people could go out in the streets and exercise their First Amendment rights without fear of retaliation," said Macdonald.
In a 22-page ruling, the United States Court of Appeals for the 10th Circuit dismissed an appeal from the city of Aurora and its officers that challenged the district court's denial of qualified immunity against Aurora Officer David McNamee, Officer Cory Budaj and Sgt. Patricio Serrant.
"We have on body-worn camera the instructions and directions from Aurora sergeants saying that 'if any protester touches our tear gas, friggin' shoot them.'" said Macdonald. "Officers followed through, and indeed, shot Zach in the head and Jonathan in the groin."
Macdonald says the next step will be to ask the court to set the trial as expeditiously as possible.
Earlier this year, Aurora voted to suspend its long-standing mutual aid agreement with Denver, that allowed them to borrow law enforcement resources when needed.
