Austin settles with three more injured protesters; payouts now at $17.3 million
The Austin City Council has agreed to pay out $725,000 to three more protesters who say they were injured by Austin police officers during social justice protests in 2020.
The lawsuits settled Tuesday brought to 11 the number of settlements made by the city to people who alleged they were injured by officers' actions during May 2020 protests that took place after George Floyd, an unarmed Black man, was killed in Minneapolis by white officers who knelt on his neck for nearly nine minutes and Mike Ramos was fatally shot by an Austin police officer.
The total amount paid out by the city in the protest settlements is now at $17.3 million. That number is likely to increase as the city's legal department works through additional cases that are still pending.
Protester Taylor Ellis received $162,500 from the city after he was hit twice in the arm with beanbag rounds fired by Austin officers, according to his lawsuit. On May 31, 2020, Ellis was among protesters near the Austin Police Department's headquarters, according to his lawsuit That afternoon, Ellis walked with a crowd of protesters onto Interstate 35, and police officers began to fire beanbag rounds into the crowd, according to the lawsuit.
Police officers typically refer to the projectiles as less-lethal munitions, because they are not bullets, and the injuries they cause aren't typically fatal. The lawsuit accused Austin police officers Todd Gilbertson and Michael Crossen of firing the projectiles at Ellis. Gilbertson was one of 21 Austin officers indicted on criminal charges related to the protests. The indicted officers have maintained their innocence. The cases have not yet gone to trial.
More:City Hall Insider: Travis County owes Austin millions. City is losing patience.
Protester Cesar Fuentez also received $162,500 from the city after beanbag rounds hit him in the arm, according to his lawsuit.
Fuentez was protesting downtown and was in the crowd that walked onto I-35 on May 30. About 5 p.m., police officers moved the protesters off the highway and fired less-lethal rounds into the crowd, the lawsuit says. The city of Austin has not identified which officer or officers fired at Fuentez, according to the lawsuit.
Video shows Fuentez running away from police when he was hit in the arm, according to the lawsuit. The projectile tore a hole in Fuentez’s skin, embedded into his muscle and had to be surgically removed by doctors, according to the lawsuit. Fuentez has suffered significant physical pain, mental anguish, impairment and disfigurement as a result of his injuries, according to the lawsuit.
Ellis and Fuentez were both represented by the same lawyer, Jeff Edwards, who said the settlements themselves "are not the solution to police misconduct."
"That requires real reflection on the part of the city's leaders and the strength to hold its officers responsible for wrongdoing. Until and unless APD leadership actually disciplines the officers that shot people who were simply protesting police violence, it is inevitable that more innocent people will be shot by APD officers. That APD is not yet willing to issue such discipline is disappointing to say the least," Edwards said.
Protester Meredith Williams received $400,000 after she was hit by one of the beanbag rounds on her left foot, which caused significant injuries, according to her lawsuit.
Williams was standing on an embankment along I-35 on May 30. Williams continues to suffer serious personal injuries from the incident, according to the lawsuit. It is unclear which officer fired the round that struck her foot.
More:As Celia Israel surges, Kirk Watson looks to regroup for runoff in Austin mayor's race
The settlements come in the wake of Austin police releasing an after-action report that criticized the department's protest response. The report said officers lacked an understanding of crowd management, riot control techniques, tactics and protocols.
According to the report, the department was unprepared for the magnitude of the protests, which drew thousands to downtown Austin.
In court depositions, some officers have said they were given no rules of engagement about how and when to use the beanbag projectiles.
Four settlements with protesters have exceeded $1 million. Joe Herrera, a U.S. Army veteran whose lawsuit says he was shot in the leg with a less-lethal beanbag munition, was awarded $1.75 million.
The three other biggest settlements all involved head and facial injuries. Justin Howell received $8 million and Anthony Evans got $2 million after being hit in the head by a beanbag munition. Brad Ayala, a teenager who became a focal point of the protests after a dramatic video showed him drop to the ground when struck in the head by an Austin police beanbag round, received $2.95 million.
Two other cases were settled for $850,000, one was settled for $150,000, and another for $100,000.
None of the cases has gone to trial, which could indicate the city's legal department believes the evidence against the officers is strong or that a jury might award an injured protester even more money than what the city has agreed to pay.
"We have reviewed the totality of the circumstances surrounding the protests, and we believe it is in the best interest of these plaintiffs and the City of Austin to resolve these cases now," a city spokesperson wrote in an email.
This article originally appeared on Austin American-Statesman: Austin settles three 2020 protest lawsuits, has paid out $17.3 million
