In a significant victory for civil liberties, the Tenth Circuit Court of Appeals has affirmed a lower court‘s decision holding the City of Denver and its police department liable for the unconstitutional use of force against peaceful demonstrators. The ruling, issued on April 21 marks the conclusion of a high-profile legal battle stemming from the summer of 2020, when thousands took to the streets to protest the murder of George Floyd.
The appellate court’s decision upholds a March 2022 jury verdict that awarded $14 million in damages to 12 plaintiffs. These individuals were subjected to what the court described as unconstitutional violence, including being shot with pepper balls and rubber bullets, and being targeted with tear gas. The Tenth Circuit’s ruling firmly rejected the City of Denver’s arguments, maintaining that the city’s failure to properly train its officers led directly to these violations of the First and Fourth Amendments.
The ruling also addressed the actions of individual officers. Specifically, the court affirmed that former Denver police officer Jonathan Christian violated the Fourth Amendment rights of Elisabeth Epps, a former state representative and activist. Christian shot Epps with pepper balls while she was simply crossing the street. By denying qualified immunity to Christian and other officers, the court signaled that law enforcement cannot hide behind legal technicalities when they use excessive force against non-threatening citizens.
Tim Macdonald, the ACLU of Colorado Legal Director, hailed the ruling as a landmark for police accountability. “This outcome is monumental and should be a lesson to law enforcement across the country. No police officer or municipality can escape accountability for their violence against people exercising their sacred right to peacefully protest,” Macdonald states. He further emphasized the personal toll the events took on those involved, noting, “Our brave plaintiffs have endured enormous hardship for standing up in defense of Black lives and police accountability. This ruling is one step closer to justice for them, their loved ones, and all Coloradans concerned about police violence.”
The injuries sustained by the protesters were severe and life-altering. According to the original lawsuit filed by the ACLU of Colorado in June 2020, plaintiffs suffered from fractured jaws, fractured discs, temporary hearing loss, and profound emotional distress. The appellate court found that the use of “less-lethal” munitions—which include pepper balls and lead-filled bags—constitutes unconstitutionally excessive force when used against protesters who are not committing serious crimes or attempting to flee.
The court’s decision reinforces a critical legal precedent: that the right to peaceful assembly is protected, and that the police cannot respond to such assembly with indiscriminate violence. By upholding the $14 million verdict, the Tenth Circuit has sent a clear message to municipalities that they will be held financially and legally responsible for the systemic failure to train and supervise their police forces during public demonstrations. For the plaintiffs, this final ruling represents the end of a multi-year struggle for acknowledgment and reparations for the harm they suffered while exercising their constitutional rights.
