MPD lawsuit stemming from George Floyd protests to be reconsidered

MPD lawsuit over Floyd protests reconsidered

A lawsuit over whether a Minneapolis police officer who partially blinded a teenager during the 2020 protests over George Floyd's death could be sued for it has been ordered by the Supreme Court to be reconsidered.

MINNEAPOLIS (FOX 9) - The Supreme Court has ordered a lower court to reconsider whether a Minneapolis police officer who partially blinded a teenager during the 2020 protests over George Floyd's death could be sued for it.

Was use of force excessive?

The backstory:

According to court documents, Ethan Marks’s attorney, Robert Bennett, said in 2020, a then-19-year-old Marks was hit by an "exploding projectile from a 40-millimeter ‘less lethal’ firearm at close range" that was shot by a Minneapolis Police Department SWAT officer. His attorney said it left Marks with permanent eye damage and facial fractures.

Officer Benjamin Bauer’s counsel said during a large protest, an emergency medical evacuation was needed, according to court documents.

Bauer’s attorneys said while responding to that situation, Bauer saw someone approach a fellow officer and "grabbed the officer’s riot baton in an apparent attempt to disarm him."

Bauer said he used a "less-lethal projectile to repel the attacker and stop the assault on his fellow officer."

Timeline:

The case headed to court when Marks sued Bauer and alleged it was excessive force. A federal judge let the lawsuit proceed.

Then, in a split decision, the 8th Circuit Court of Appeals allowed the lawsuit to proceed.

Now, the Supreme Court vacated the lower court’s decision and sent it back ordering another look.

What they're saying:

The Minnesota Police and Peace Officers Association posted this statement on the latest in this case that reads, in part, "MPPOA is thrilled with the result and proud to have ensured that its members’ voices were heard. MPPOA will continue to monitor the case as proceedings continue and is optimistic that the lower courts will arrive at the right result this time and dismiss this complaint."

The other side:

In response, Bennett said Marks was unarmed at the time of the incident, and he believes the lower courts will come to the same decision as before.

What's next:

Bennett said the timing of the next steps is unclear. Bennett said from the three-judge panel who wrote the original 8th Circuit opinion, one judge has since retired. So, whether it gets sent to a different lower court or a panel with a new judge is still yet to be seen.