Lawsuit filed against city, TPD for excessive force in May, 2020 protest

Jun. 2—Twenty-two people have joined to file a federal lawsuit against members of the Toledo Police Department for officers' alleged use of excessive force during a protest in downtown Toledo a year ago after the death of George Floyd.

The civil lawsuit was filed in U.S. District Court in Toledo on Tuesday against the City of Toledo, Deputy Chief Michael Troendle, Officer Robert Orwig, and 35 other officers.

The lawsuit was filed on behalf of Saray Pratt, Katey David, Robert Kowalski, Jason Steward, Terrance Johns, Jr., Benjamin Hinsey, Robert Barner, Christopher Banks, Robert Hillier, Shelby Hillier, Michael Carpenter, Taylor Harrison, Chase Keller, Devin Ruiz, Keryn Werdehoff, Cameron Singleton, Sienna Salas, Kimberly Welch, Zachary Dempster, Alyx Kendzierski, Elijah Young, Isabella Brazzil, and Dean McNeal.

The plaintiffs include men and women ranging from age 16 to 45 from northwest Ohio. Injuries they suffered included ankle and leg injuries, bruising, head and facial injuries, and even partial blindness, the suit said.

"When police are firing wooden projectiles directly at peaceful protesters, who are holding signs and cell phones, with raised arms above their heads, [that] demonstrates that something is terribly wrong with their training and response," said D. Lee Johnson, who represents the plaintiffs. "The irony that folks are exercising their First Amendment right to protest police violence, yet are met with excessive force by the police who should be protecting the protesters' rights, highlights the disconnect."

Toledo police directed requests for comment to city Law Director Dale Emch, who declined to comment through a spokesman.

The lawsuit claims the plaintiffs' civil rights were violated and that Toledo police retaliated against the peaceful protesters with excessive force by firing wooden bullets, pepper balls, and chemical agents, the suit says.

Mr. Johnson told The Blade that the amount of video evidence from that day will "completely contradict the TPD story coming from the chief and deputy chief that they only reacted to rocks and assaults."

"These forces were roaming downtown, indiscriminately firing," Mr. Johnson said. "The training was either poor or completely disregarded because these nonlethal forces or projectiles are supposed to hit the ground. They were absolutely aiming directly at people."

Deputy Chief Troendle is accused of supervisory liability for overseeing officers' conduct that day.

"Deputy Chief Troendle was present during the protest and admittedly ordered the use of less-lethal weaponry against protesters," Mr. Johnson wrote in the lawsuit. "He knew or should have known that the indiscriminate use of force against peaceful protesters was causing serious injuries yet did nothing to stop it."

Officer Orwig, and possibly other unidentified officers, are believed to have fired these projectiles from an armored vehicle. Other unknown patrolmen are accused of assault and battery, along with negligence. Each officer had a duty to intervene to prevent the violations of the plaintiffs' rights to peacefully protest, Mr. Johnson argues.

The suit asks for compensatory and punitive damages in an amount to be determined at trial. The plaintiffs also ask that the city end unlawful policies and practices and offer training to police officers to "bring them into compliance with constitutional standards." The case has been assigned to Judge James Carr.

Several hundred people had gathered in Toledo on May 30, 2020, to protest racial injustice and police brutality after Mr. Floyd, a Black man, had died days earlier after then-Minneapolis police officer Derek Chauvin knelt on the man's neck for 9 1/2 minutes. Many gathered to hear speakers outside of the Toledo Police Safety Building, 525 N. Erie St., and members of the crowd then marched along several nearby streets where they were met with violence and not given direction on where to go in the midst of all of the confusion, Mr. Johnson said.

Those named in the lawsuit posed no threat to law enforcement, the suit claims.

As protesters marched to Cherry Street and Spielbusch Avenue, some people surrounded a police cruiser, banged on it, and spray painted it, and chucked water bottles at the vehicle — which Deputy Chief Troendle previously told The Blade is what "started off part of the violence."

The SWAT team's Bearcat armored vehicle approached, and officers sprayed chemical agents and projectiles, allegedly injuring many, according to the lawsuit.

One protester, Mr. Steward, 28, positioned himself to stand in between the protesters and police on multiple occasions on May 30, 2020. He also spoke with Deputy Chief Troendle, asking him to ease police tactics so people could continue to peacefully protest.

In return, Mr. Steward was struck three times by wooden bullets — twice in his right foot and once in the shin, which required stitches, according to the lawsuit.

Similarly, Mr. Banks, 34, tried to quell tensions between both groups, but he was also shot with wooden bullets, pepper balls, and chemical agents, the suit says.

As protesters progressed toward Cherry and Bancroft streets, many participants knelt along the road.

Ms. Harrison, 30, stood behind the kneeling protesters when she was struck with wooden bullets — leaving deep welts on her stomach.

Another plaintiff, Ms. David, 29, volunteered as a medic, offering free first aid to people in need on May 30, 2020. While she was tending to an injured protester in front of Popeyes eatery on Cherry Street, an officer allegedly fired a wooden bullet at the back of her head, which required staples, a photo included in the lawsuit shows.

Ms. David pleaded with officers for assistance or transportation to the hospital — but they refused, stating, "You get what you get, [expletive]," the lawsuit says.

Also near that location, Mr. McNeal, 28, was struck near his eye with a wooden bullet — causing vision loss, the attorney said, adding that a year later he is unable to drive at night because of his injury.

Similar assaults on protesters allegedly took place near 17th and Adams streets.

Ms. Pratt, 29, was standing at the intersection holding a sign when Officer Orwig, or another unidentified patrolman, emerged from the turret on top of the SWAT vehicle and aimed at the woman, the lawsuit claims. She was struck in the leg with a wooden bullet, causing four fractures to her tibia.

Ms. Pratt fell to the ground as officers walked past her without rendering medical attention, according to the lawsuit. Mr. Keller, 25, attempted to shield others from the police attack as they tended to Ms. Pratt. In turn, he too was struck by wooden bullets.

A 16-year-old girl, Sienna Salas, was also trying to help another person who was pulled off a motorcycle by her hair near 17th and Adams streets. While attempting to render aid, the teenager was sprayed with chemical agents, according to the allegations.

As police proceeded in the area of Bancroft Street and Franklin Avenue, Mr. Dempster, 40, tried to get away from the violence by following others through an alley.

He was shot in the neck, arm, and shoulder, and he was later treated at the hospital for his injuries, the lawsuit said. He also missed a week of work because he suffered from nausea and body aches.

Today he still experiences numbness to the left side of his neck, the suit says.

Protesters and police returned to the area of the Safety Building later that day where more clashes ensued.

Mr. Young, 22, posed for a photo, fist-bumping an unknown officer, which was widely shared on social media following the incident. Though Mr. Young encouraged peace among his fellow protesters, he was still struck in the back and wrist with wooden bullets, according to the lawsuit.

Mr. Kowalski, 31, was recording police activity near the Lucas County Common Pleas Court when he was struck with a wooden bullet, which fractured his eye socket and required stitches, records show.

Ms. Werdenhoff, 45, and her 26-year-old son, Mr. Ruiz, participated in the protest that day. As she was leaving the protest around 8 p.m., she was struck by a wooden bullet, which left a sizeable welt.

The lawsuit further outlines the injuries to the other plaintiffs, including a fractured ankle, bloody gashes, and massive bruises.

First Published June 2, 2021, 9:34am