The Colorado-based federal appeals court revived a man’s claims against Denver on Friday after concluding a trial judge resolved the case in the city’s favor without analyzing two of the three instances of alleged excessive force and other constitutional violations.
For the past six years, plaintiffs have litigated several lawsuits arising from the demonstrations that began in May 2020. At the time, protesters in Denver and across the world took to the streets in response to the police killing of George Floyd in Minneapolis. Law enforcement used chemicals, projectiles and other force against them.
Michael Driscoll went downtown on May 30 and 31. At the intersection of Lincoln Street and Colfax Ave., police deployed pepper spray and threw a tear gas canister at him. Around Clarkson Street and Colfax, police threw a rubber ball grenade at Driscoll and shot him with a projectile. Finally, at 13th Ave. and Cherokee Street, outside the police administration building, an officer shot Driscoll in the face with a munition, causing severe injuries…