Man shot in face with pepper ball at George Floyd protest files lawsuit against Denver police.

A man who was shot in the face by a Denver police officer during the George Floyd protests filed a federal lawsuit on Thursday claiming that excessive force used by police violated his constitutional rights of freedom of speech and assembly.

Darrell Hampton claims that on May 30, 2020, Denver police Officer John Allred purposely shot him in the face with a pepper ball as Hampton used a smartphone to take images of armed police suited up in riot gear.

At about 5:30 p.m., Hampton was near the intersection of 14th Avenue and Lincoln Street near the Colorado Capitol when he was shot.

“While speaking out against police brutality, Mr. Hampton, a Black man, became a
victim of the same police brutality he was protesting,” the 55-page complaint said. “He was exercising his First Amendment rights on that sidewalk through his participation in the ongoing protest against police brutality.”

The lawsuit claims that Denver police used excessive force to “violate Mr. Hampton’s constitutional rights.”

The lawsuits names several people who were shot by police with pepper balls and rubber bullets, documenting the time and place of the incidents along with photos of the injured.

“Denver has repeatedly condoned its officers egregious excessive force throughout the George Floyd protests,” said attorney Andy McNulty, who represents Hampton, in a statement. “It has sent the message to its officers that what happened to Mr. Hampton, and others like him, was a-ok. Until someone is held accountable, Denver officers will continue to violate the constitution.”

The pepper ball fired by Allred hit Hampton in the face and exploded, the complaint said. Hampton fell to the ground and was disoriented. He was helped to his feet by demonstrators, one who poured milk on his face to calm the irritation. Hampton’s face burned for hours, and the shot caused bruising, physical pain and suffering. The pepper ball destroyed Hampton’s phone. The incident was documented by a witness, and that documentation is part of the filing.

“Denver’s (police) customs, policies, practices, training, and supervision caused the violation of Mr. Hampton’s constitutional rights,” the claim said.

The lawsuit claims excessive force and due process violations. The filing seeks a trial, along with economic and compensatory claims, in an amount to be determined at trial, among other remedies.

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