In Brief
- Teen permanently blinded after being hit by chemical-filled projectile during George Floyd protests.
- 8th Circuit again denied qualified immunity to Minneapolis officer.
- Court found disputed facts over use of excessive force.
- Dissent warned ruling could chill police decision-making.
A teenager sustained permanent blindness and a traumatic brain injury in a confrontation with a Minneapolis police officer in the days following the murder of George Floyd in 2020. After its initial judgment was vacated by the U.S. Supreme Court, the 8th U.S. Circuit Court of Appeals, in an opinion issued Feb. 12, again affirmed that qualified immunity would not be granted to the officer.
Three days after protests erupted after Floyd’s death, Ethan Marks and his mother went near the Minneapolis Police Department’s Third Precinct to help clean up damage from unrest. Hundreds of people were gathered when SWAT officers, including Officer Benjamin Bauer, responded to a reported stabbing. As their van entered the area, it was struck by rocks and frozen water bottles…