A military veteran says he experienced policy brutality at racial discrimination protests in Austin, Texas, earlier this year.
Plaintiff Joe Herrera is a military veteran who reportedly served in Iraq — causing him to suffer from chronic post-traumatic stress disorder (PTSD). In late May, Herrera and his wife say they went to downtown Austin to join ongoing demonstrations against police brutality and racial discrimination across the country.
Many of the protests earlier this year were sparked by the death of George Floyd, a Black man from Minnesota who was killed during an interaction with Minneapolis police officers.
After several hours of protesting, Herrera was sitting on a road in front of the Austin Police Department (APD) when he allegedly was subjected to excessive force.
An unrelated individual allegedly tossed a plastic water bottle toward a line of officers standing in front of the police department, which prompted the officers to open fire with projectiles on the protesters. Despite the water bottle being thrown by one person, police officers reportedly shot at innocent protesters, including a pregnant woman and Herrera.
Herrera says he was unarmed and posed no threat to anyone but was nonetheless shot in the leg by an Austin police officer listed in the complaint as officer John Doe. The impact reportedly caused Herrera to fall to the ground in “terrific pain.”
The serious wound allegedly caused Herrera permanent disfigurement and other issues, such as burning pain, numbness and tingling, which require ongoing treatment. This is in addition to the “psychological impact” of being shot, which Herrera says is exacerbated by his existing PTSD.
Unfortunately, Herrera is not alone in his experiences. He notes several other victims were targeted by excessive force in connection with the May protests.
“Tragically, Herrera was just one of many innocent people APD officers used excessive force against on May 30 and May 31 who also were doing nothing wrong,” the racial discrimination lawsuit notes. “In fact, on May 30, 2020, APD overreacted numerous times and used chilling, excessive force on multiple individuals.”
Although the anonymous officer is the one who allegedly injured Herrera, the veteran argues the city of Austin is also liable for the officer’s actions. According to the racial discrimination lawsuit, the city has allowed such conduct through its policies and practices.
Practices such as shooting projectiles into crowds, using excessive force against protesters and failing to discipline officers for discrimination and brutality all have allegedly contributed to Herrera’s experiences with Austin police officers.
In fact, Herrera claims “the known and obvious consequence of these policies, practices, or customs was that Austin Police Department officers would be placed in recurring situations in which the constitutional violations described within this complaint would result.”
Herrera asks the court for several forms of relief to “right this injustice,” including compensatory damages, punitive damages, interest, court costs and attorneys’ fees.
The city of Austin told KVUE it will review the claims brought by Herrera and other protesters in connection with the protests this summer.
“The City continues to review claims related to the May 2020 protests,” the city told KVUE in a statement. “The Police Department, along with the Office of Police Oversight and the Law Department, will review each claim, and the City will work directly with the individual protestors and their lawyers.”
Did you join the racial discrimination protests earlier this year? Have you been affected by these protests? Share your story in the comment section below.
Herrera is represented by Jeff Edwards, Scott Medlock, Mike Singley and David James of Edwards Law.
The Racial Discrimination Lawsuit is Jose Herrera v. City of Austin, et al., Case No. 1:20-cv-01134-RP, in the U.S. District Court for the Western District of Texas.
Read About More Class Action Lawsuits & Class Action Settlements:
NEC lawsuit: Families take action against Enfamil and Similac baby formula makers
September 10, 2025 | Legal News
