Iowa Police Lawsuit Alleges Innocent Protester Pepper Sprayed

A lawsuit has been filed against the city of Des Moines, Iowa and its law enforcement by a woman claiming she was pepper sprayed without warning during a peaceful protest.

Plaintiff Essence Welch says she was peacefully protesting the death of George Floyd in downtown Des Moines when a police officer walked several yards to where she was standing, and shot her with pepper spray directly into her face and down her body.

Welch states that the unnamed police officer who sprayed her said nothing to her before she was attacked with the pepper spray. In addition, Welch states that she was given no order to disperse prior to being sprayed by defendant John Doe.

The plaintiff says that she suffered severe pain and burning all over her body as a result of the pepper spray. She notes that based on court precedent, it is unlawful for police officers to use pepper spray on individuals who have not broken the law or who have not threatened anyone.

The lawsuit goes on to allege that Des Moines police officers repeatedly sprayed another young woman in the early morning hours of May 31, 2020, who was not violating any laws or acting in a violent or threatening manner. In addition, the plaintiff maintains that Des Moines police officers pepper sprayed a reporter from the Des Moines Register, who was attempting to comply with demands to disperse on June 1, 2020.

“The force used by Defendant Doe was excessive and applied maliciously and sadistically for the purpose of causing harm and not in a good faith effort to achieve a legitimate purpose,” Welch says in her lawsuit.

Welch claims that the police officers misconduct was undertaken with malice, willfulness and reckless indifference to the rights of the peaceful demonstrators and disregarded her constitutional rights. 

She says that because of the defendant’s conduct, she should be entitled to recover what she has suffered and will suffer in the future including: depriving her constitutional rights, public ridicule, emotional distress, actual and compensatory damages, and punitive damages. Welch also insists that the defendants pay for all expenses associated with this lawsuit and any attorneys’ fees and costs.

The plaintiff states that the force used by defendant Doe was excessive and malicious and was used to cause harm. She alleges the use of pepper spray was not in good faith to achieve a legitimate purpose. She also claims that defendant Doe demonstrated a deliberate indifference to and reckless disregard of other civil and constitutional rights. 

“Defendant’s actions were willful, wanton, unlawful, and in gross disregard of Plaintiff’s civil rights, justifying an award of punitive damages,” the lawsuit goes on to say.

Welch claims she was exercising her First Amendment rights by assembling and engaging in political free speech. She avers that the defendants violated her constitutional rights by shooting her with pepper spray in retaliation for her exercise of her First Amendment rights.

The plaintiff says that retaliation was a motivating factor for the defendant’s decision to shoot her with the pepper spray and that the police officer would not have shot her with the pepper spray but for this retaliatory motive.

Welch goes on to state that defendants Winger and the city of Des Moines are responsible for establishing, maintaining and enforcing the official policies of the Des Moines police department for use of pepper spray and use of force.

She argues that Winger and the city of Des Moines violated her federal constitutional rights by permitting police officers to violate the constitutional rights of citizens, ratifying and approving the unlawful use of force against citizens, tolerating and encouraging collusive statements by involved officers in these types of situations, and failing to take adequate measures against city of Des Moines police officers who violate the civil rights of citizens.

“Defendants’ policies, procedures, customs, and/or practices caused the violations of Plaintiff’s constitutional and federal rights as set forth herein and in the other claims and resulted from a conscious or deliberate choice to follow a course of action from among various available alternatives,” the lawsuit says.

Welch states that the need for training and supervision was obvious and that it was foreseeable that the inadequacy of the defendant’s training and supervision was likely to result in the violation of citizens’ constitutional rights.

“Defendants demonstrated a deliberate indifference to and/or reckless disregard of Plaintiff’s constitutional rights and those similarly situated to them,” the lawsuit argues.

Did you take part in protests stemming from the death of George Floyd and notice police violence? Leave a message in the comments section below.

The plaintiff is represented by Gina Messamer of Parrish Kruidenier Dunn Boles Gribble Gentry Brown & Bergmann LLP.

The Iowa Police Violence Lawsuit is Essence Welch v. John Doe, et al., Case No. unknown, in the Iowa District Court for Polk County.

Read More Lawsuit & Settlement News:

Sex Trafficking Survivor Appointed to U.S. Advisory Council on Human Trafficking

Pennsylvania Restaurant Denied COVID-19 Insurance Claim

IED Attacks in Iraq Traced to Big Bank Financing

Nutro Pet Food is Falsely Advertised As Being Free Of Wheat, Soy, Chicken, Class Action Says