Five Austin police officers sue city, Mayor Steve Adler, Black Lives Matter over 2020 protests

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As 21 Austin police officers face pending criminal prosecution and civil litigation tied to the May 2020 protests against police violence, five of them are suing several social justice groups, the city of Austin, Mayor Steve Adler, Travis County District Attorney José Garza and the companies that sold the munitions the officers used during the protests.

Officers Joshua Jackson, Rolan Rast, Todd Gilbertson, Derrick Lehman and Alexander Lomovstev in a lawsuit filed Wednesday in Travis County state District Court argue that in May 2020 they were issued firearms and beanbag rounds without adequate training for situations in which they had limited exposure.

About three dozen protesters went to the hospital the last weekend in May 2020 and the subsequent week. Several were treated for extensive trauma from the beanbag rounds — bags filled with lead pellets — after Austin officers shot at least six people in the head with them. Roughly 20 people have sued the city of Austin over their injuries, and the city has so far settled seven lawsuits for a total of $14.9 million, a number that is expected to grow.

More: Five injured in protests against police sue Austin as taxpayers pay growing price tag

"It's unfortunate all around," said Adam Muery, the attorney representing the five officers. "Nobody is excited that there was this conflict. My clients were trying to do their duty ... but some of these officers had no training with regard to this weaponry."

The officers are also suing social justice groups Black Lives Matter, the Austin Justice Coalition and the Mike Ramos Brigade. Also named as defendants are Safariland LLC, Defense Technology and CSI Combined Systems Inc.

During the May 2020 protests, Austin officers fired munitions made by Combined Tactical Systems and by Defense Technology. Safariland sells body armor, helmets, holsters and shotgun shell holders, among other items.

The Mike Ramos Brigade, which has not been active on social media since October 2020, was one of the groups that organized the demonstrations in May. At least one of the brigade’s leaders referred to it as a militant group, and in 2020 blasted the Austin Justice Coalition for canceling aMay 31 rally after one of the brigade’s demonstrations culminated in break-ins at a Target store.

More: Activists worry militants co-opting protests, miss chance to listen to Black community members, some say

The lawsuit also accuses district attorney Garza of "malicious prosecution" and of prosecuting them without probable cause.

Austin Police Chief Joe Chacon has acknowledged in a deposition that the police response to the massive protests was "disorganized" and that the Police Department was "unprepared." Chacon was one of four assistant chiefs when the protests occurred; then-Police Chief Brian Manley has since retired.

"Because we had called in so many officers, and because it was, to a good extent, disorganized, that led to us not providing the clearest instructions that we could with regard to the use of that weapon system," Chacon testified.

Chacon did not detail how the department assigned officers with beanbag shotguns, but attorney Jeff Edwards, who questioned Chacon in the deposition, revealed that “multiple officers have testified that there were no rules of engagement and no tactical instructions given to the people that were firing beanbag shotguns at people in the crowd.”

The officers are seeking monetary damages to cover lost wages, lost employment opportunities, lost promotional opportunities and lost ability to serve in specialized units and further their careers.

This article originally appeared on Austin American-Statesman: Austin police sue city, mayor, social justice groups in 2020 protests