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A police brutality protester is suing Indiana police officers, claiming he lost an eye after he was hit in the face with a tear gas canister.
Plaintiff Balin Brake says he was protesting police brutality in Fort Wayne, Indiana, when he was hit in the face with a tear gas canister. According to Brake, this resulted in severe injuries that culminated in the loss of his right eye and “permanently changed his life.”
The 21-year-old Fort Wayne resident says he peacefully protested police brutality May 30 as part of the nationwide Black Lives Matter movement. Despite protesting with his hands held in the air, Fort Wayne police officers allegedly fired tear gas canisters at Brake and other protesters.
As Brake began to run away from the officers, he says a tear gas canister hit his foot and disintegrated his shoelaces. When he briefly looked behind him, an unidentified police officer named as “John Doe” in the police brutality lawsuit allegedly hit him directly in the right eye with a tear gas canister.
The force of the impact reportedly forced Brake to the ground where he stayed, “hunched over in pain” and “coughing from the tear gas.” Luckily, another protester picked Brake up off the ground and carried him out of the tear gas. Paramedics were called and reportedly rushed Brake to a hospital for surgery.
According to the police brutality lawsuit, Brake suffered severe injuries as a result of the police officer’s actions.
The force of the canister’s impact reportedly fractured Brake’s face bones in four different places, sliced his face in two places, cut a nerve in his face and ruptured his right eye beyond repair. Due to these injuries, doctors were allegedly forced to remove Brake’s right eye.
Now, Brake says he suffers from pain, loss of vision in his right eye, severe headaches and more. On top of his current medical bills from multiple doctors and specialists, Brake will reportedly require ongoing treatment, which will result in mounting costs.
Brake says his life has been permanently changed, in addition to the physical and monetary consequences of his injuries.
Before he was injured, Brake reportedly worked part time as an editor for a local news station and was a full-time student at Indiana Tech. Due this injuries, he says he’s been forced to leave school and no longer work his job.
In addition to seeking compensation for his “devastating and permanent” injuries, Brake’s lawsuit argues that Fort Wayne police officers violated his constitutional rights to free speech, assembly and peaceful protests.
Brake says his rights were violated by police officers’ “the unreasonable and excessive use of force” against lawful protesters.
“The right to protest is fundamental to our democracy and no one should face tear gassing and injury while exercising that right,” a representative of ACLU of Indiana – which represents Brake in this case – said, according to The Associated Press.
The police brutality lawsuit seeks damages for Brake’s injuries, punitive damages against Officer Doe and attorneys’ fees.
Brake also asks the court to declare the Fort Wayne police officers’ actions to be unlawful and unconstitutional.
Have you been affected by police brutality protests this year, either as a protester or bystander? Share your experiences in the comment section below.
Brake is represented by Kenneth J. Falk, Gavin M. Rose and Stevie J. Pactor of the ACLU of Indiana, along with Kara McCall, Daniel Neppl, Katie Sreenan and Lydia Pincsak of Sidley Austin LLP.
The Fort Wayne Police Brutality Lawsuit is Balin Brake v. City of Fort Wayne, et al., Case No. 1:20-cv-00345, in the U.S. District Court for the Northern District of Indiana.
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One thought on Indiana Protester Sues Police After Losing Eye to Tear Gas Canister
The police were excessively forceful and harsh in fort wayne during the protests. I remember at one point they diverted traffic on a main street down town midday to dismantle a peaceful protest. Wish the officers giving the orders and taking excessive force would be punished financially and publicly to set a higher standard for policing.