San Jose, Calif. — A man who was injured by a police projectile during a George Floyd protest in the summer of 2020 has been awarded over $1.3 million by a federal civil jury. The verdict addresses claims of excessive force used by law enforcement officers, marking a significant legal outcome in the wake of events that drew widespread criticism globally and prompted changes in the city’s approach to managing protests.
Kyle Johnson initiated a lawsuit against the city of San Jose and Officer James Adgar in 2021, alleging violations of his First and Fourth Amendment rights. The litigations stemmed from an incident on May 30, 2020, during which a foam baton round was fired at Johnson, impacting him as he participated in the downtown demonstrations provoked by the death of George Floyd under Minneapolis police custody.
The jury’s decision, which concluded on Wednesday, resulted in a compensation amounting to $1,353,000 to Johnson, with additional coverage for his legal expenses. While the city was found liable for constitutional and state civil-rights breaches, battery, and negligence, claims against the police department’s policies and practices directly causing the injury were not upheld.
Abimael Bastida, representing Johnson and a partner at San Jose-based McManis Faulkner, expressed vindication following the verdict. Bastida emphasized that Johnson was merely exercising his lawful rights and should not have suffered any harm. The ruling was perceived as both a validation of Johnson’s grievances and recognition of what was argued to be his unjust treatment during the protest.
The city attorney’s office in San Jose, defending both the city and Officer Adgar, has not yet commented on the jury’s findings.
This case adds to a series of legal actions concerning federal civil-rights violations where demonstrators allege injuries caused by police responses. In one such case earlier in 2023, several individuals including a spectator who tragically lost his eye to a police projectile, received a settlement of $3.3 million.
Further litigations are in the pipeline, such as a lawsuit led by Derrick Sanderlin, an activist and former police trainer, who was gravely injured under similar circumstances. His trial is slated for May. Efforts to dismiss the case through qualified immunity were lately rejected by the Ninth Circuit Court of Appeals, maintaining the district judge’s original denial.
In response to the controversy surrounding protest handling, the San Jose Police Department admitted shortcomings in their officers’ training and experience in crowd control. They acknowledged the need for improved protocols following the violent clashes during the protests, which were marked by the use of tear gas, flash-bang grenades, and various projectile weapons.
Johnson recounted in his lawsuit peaceful protest conditions just before the escalation caused by police response to a plastic water bottle being thrown. His subsequent injuries, including a severe bruise and a blood clot, negatively impacted his previously active lifestyle and continue to require medical intervention. Bastida noted that the court-awarded funds would assist in covering ongoing medical costs.
As disclosures of these events emerge and legal proceedings unfold, the implications resonate beyond individual case outcomes, highlighting critical questions about law enforcement practices, public safety measures, and constitutional rights during civic protests.
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