FORT WAYNE, Ind. (WANE) — The city of Fort Wayne said in court documents this week that a protester who lost his eye received the injury because of his own actions.
The city filed a response to Balin Brake’s lawsuit against the city and Officer Justin Holmes.
Brake, with the help of the ACLU of Indiana, alleged the officer used excessive force when he fired a tear gas canister at the then-21-year- old’s face while he was protesting in downtown Fort Wayne May 30, 2020.
Brake lost his eye as a result of the incident.
In a response to the lawsuit, the city claimed Brake was not peacefully demonstrating that day. The city maintained that Brake was struck by a gas canister “when he ran into an area, approaching police officers, which area had previously been unoccupied and was struck by a chemical munition that had been deployed into that previously unoccupied area,” the lawsuit said.
Brake said he did not hear warnings to leave the area. The city denied that claim.
In the response, the city said the use of force by police was reasonable in the protest and that the officer was “acting in the course and scope of his employment under color of law.” The city also denied liability.
“Plaintiff’s injuries were the result of his own actions,” the city wrote in the response. “To the extent Plaintiff’s injuries were not the result of his own actions, they were the result of the actions of other non-parties and not Defendants.”
The city has asked for the case to be tried by a jury.
Poster Comment:
Tough shit soy boy.
That's a jury I wouldn't mind being on.
#1: Esso To: All (#0)
Esso posted on 2021-05-12 14:19:39 Reply Private Reply
#2: Lod To: Esso (#1)
Lod posted on 2021-05-12 14:36:08 Reply Private Reply
#3: ghostdogtxn To: Esso (#0)
ghostdogtxn posted on 2021-05-12 14:49:22 Reply Private Reply
#4: Esso To: Lod, 4um (#2)
Tonight might be the last night that I have to babysit my garden (1 tomato plant) because the nightly frost is supposed to end. Used to be that you were safe here (41 degrees N latitude) to plant on Mother's Day. Goddamned global warming is really busting my balls.
Been a few years since I've had a real tomato that doesn't taste like wet, slimy cardboard store-bought shit. I finally broke down and spent the $4 while my formerly estranged sister was dragging me around town. I didn't even have to wear a face diaper in the outdoor nursery. I was the only one though, along with the folks that work there.
Esso posted on 2021-05-12 15:59:56 Reply Private Reply
#5: NeoconsNailed To: Esso (#0)
You know, like this one
en.wikipedia.org/wiki/ Marty_Balin
NeoconsNailed posted on 2021-05-12 16:21:35 Reply Private Reply
#6: NeoconsNailed To: ghostdogtxn (#3)
www.youtube.com/watch?v=z-bHh2GxPVk
NeoconsNailed posted on 2021-05-12 16:24:11 Reply Private Reply
#7: Lod To: Esso (#4)
Lod posted on 2021-05-12 18:50:25 Reply Private Reply
#8: Esso To: Lod, 4um (#7)
The pics were really stunning on wikipedia. It doesn't look like that.
Esso posted on 2021-05-12 18:57:34 Reply Private Reply