Des Moines settles lawsuit from George Floyd protestor for $150K after jury verdict

William Morris, Des Moines Register
·2 min read
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Des Moines is paying $150,000 to settle a lawsuit arising from the 2020 George Floyd protests, weeks after a jury found a Des Moines police officer violated the plaintiff's rights but awarded her a far smaller amount.

Essence Welch was taking video of police gathered outside the Polk County Criminal Courthouse on May 30, 2020, when Officer Daniel Dempsey approached and pepper-sprayed her in the face. Welch sued and at her trial in November, attorneys for the city conceded she had not been breaking any laws but argued that Dempsey, who had just arrived on the scene, reasonably believed she posed a threat because of her proximity to the police line.

Previously: Appeals court: no immunity for DMPD officer who pepper-sprayed woman at protest

Welch asked the jury to find Dempsey, who no longer works in law enforcement, liable for assault and First Amendment retaliation. The jury found Dempsey had violated Welch's rights, but had not assaulted her, and awarded her $41,000 out of the $250,000 her attorney requested.

Instead, the City Council on Monday approved a settlement more than three times that amount to resolve the case. Both sides confirmed the $150,000 total and that Welch, in turn, waived her claims for punitive damages against the city. Both sides also are waiving their right to appeal.

Gina Messamer, Welch's attorney, said Welch will receive $50,000, with the remainder going to cover attorney fees. City Manager Scott Sanders said in a statement the city continues to deny liability in the case.

Welch was the first of numerous plaintiffs to sue the city for police actions in response to the Floyd protests, and the first to go to trial, although several previously had been dismissed or settled for smaller sums. More cases remain pending.

William Morris covers courts for the Des Moines Register. He can be contacted at wrmorris2@registermedia.com, 715-573-8166 or on Twitter at @DMRMorris.

This article originally appeared on Des Moines Register: Des Moines settles George Floyd protest pepper-spray lawsuit