A judge has limited the use of force against protestors by police (Photo by Fabio … [+]
A federal judge in Denver has issued a sweeping injunction limiting the use of force by police. Judge R. Brooke Jackson, an Obama appointee and Harvard Law School graduate from Montana, examined videos of police shooting non-lethal projectiles at peaceful protesters, medics, and journalists. He held that the tactics violate the first and fourth amendment rights of the people.
While the judge was cognizant of the police’s need to use force at times to prevent lawlessness, he held that any negative impact of his injunction would most likely be limited to additional property damage. He reasoned that: “property damage is a small price to pay for constitutional rights”.
He further noted that he saw cases where the police fired non-lethal projectiles at people’s heads and groins causing serious injury. The order significantly restricts police use of force. The police are now forbidden from “chemical weapons or projectiles unless an on-scene supervisor at the rank of Captain or above specifically authorizes such use of force in response to specific acts of violence or destruction of property that the command officer has personally witnessed.”
Among the order’s other terms: The Court further orders that:
1. Kinetic Impact Projectiles (“KIPs”) and all other non- or less-lethal projectiles may never be discharged to target the head, pelvis, or back.
2. KIPs and all other non- or less-lethal projectiles shall not be shot indiscriminately into a crowd.
3. Non-Denver officers shall not use any demonstration of force or weapon beyond what Denver itself authorizes for its own officers. Any non-Denver officer permitted to or directed to be deployed to the demonstrations shall be considered an agent of Denver such that Denver shall ensure such officer is limiting their use of force to that authorized by the Defendant.
4. All officers deployed to the demonstrations or engaged in the demonstrations must have their body-worn cameras recording at all times, and they may not intentionally obstruct the camera or recording.
5. Chemical agents or irritants (including pepper spray and tear gas) may only be used after an order to disperse is issued.
6. Any and all orders to disperse must be followed with adequate time for the intended audience to comply, and officers must leave room for safe egress. If it appears that the intended audience was unable to hear the order, the order must be repeated prior to the use of chemical agents or irritants.
Judge Jackson acknowledged that: “There may later be questions of qualified immunity to grapple with . . .”, but it is important to understand that the doctrine of qualified immunity does not protect police from being held in contempt of court for disobeying a judge’s order. The Denver Police have already indicated that they will obey the order but seek to have it modified.
While the order only applies the Denver Police, its impact could end up being far broader. The courts have traditionally been extremely deferential to the police and this decision is a major break from that. It will certainly encourage protesters in other cities to seek similar injunctions and could make other judges more comfortable agreeing to do so since they now have a precedent to cite.
