Indianapolis Police Accused of Excessive Force at Protest

Indianapolis police have been accused of using excessive force against protesters and denying them their ability to peacefully protest.

Plaintiffs Ivoré Westfield and Rachel Harding recently filed their claims against four anonymous police officers, including one sergeant, claiming they were the victims of excessive force while peacefully protesting police brutality.

The names of the police officers have been specified in the complaint. According to the plaintiffs, the Indianapolis Police Department refuses to disclose this information.

“It is inconceivable that the city of Indianapolis and its police department would not reveal the names of officers involved in the use of force against it citizens, especially when the conduct complained of – and the officers involved – has been widely broadcast through the media,” the Indianapolis police lawsuit says.

On May 25, George Floyd – a Black man – was killed as the result of police brutality. As caught on video, Floyd died after a police officer knelt on his neck for nearly nine minutes. After his death was publicized, peaceful demonstrations were launched around the country and even abroad – protesting the epidemic of police brutality gripping America.

Unfortunately, some protests have turned violent as individual groups capitalize on the peaceful demonstrations to cause injuries and property damage.

On May 29 and 30, Indianapolis reportedly saw such violence, with downtown areas being “devastated by large scale property damage, physical injuries, and two (2) fatal shootings possibly related to the violent protests,” the complaint says. In response, Indianapolis Mayor Joseph H. Hogsett reportedly issued an executive order establishing a curfew from 8 p.m. May 31 to 6 a.m. June 1.

Like many other protesters, Harding was reportedly present in downtown Indianapolis the evening of May 31 to protest police brutality. Westfield, the other plaintiff, was reportedly present as well in order to photograph the protests and various works of graffiti art.

As curfew approached, the two women – who were previously acquainted – allegedly met by happenstance. Upon realizing Westfield’s ride wasn’t available to get her home, Harding reportedly agreed to be her new ride.

Unfortunately, while walking toward Harding’s vehicle, the two women were allegedly approached by aggressive Indianapolis police officers. The police officers reportedly told the women they had violated curfew and were under arrest. Although the women say they were “passive and cooperative,” the Indianapolis police officers allegedly became aggressive when arresting the plaintiffs.

For example, Westfield allegedly presented her hands to the sergeant to be handcuffed, but the Indianapolis police officer allegedly twisted her arms into an “unnatural” position which caused “extreme pain.” In response, Westfield reportedly pulled away in pain, causing the sergeant to order another officer to “hit her” with pepper ball rounds.

“Sgt. Doe 1 had an obligation to stop the attack, yet he did nothing to intercede,” the plaintiffs note. Instead, the sergeant allegedly encouraged the attack by ordering other officers to “hit her.”

At least four rounds allegedly broke Westfield’s skin, causing pain and welts. The officers allegedly continued their “violent attack,” hitting Westfield on her hips and lower legs, the complaint says. After Westfield collapsed and attempted to protect her head, she was allegedly pushed forcefully to the ground and handcuffed.

Harding allegedly tried to video the incident with her cellphone, but was pushed forcefully to the ground after Westfield was arrested.

To add insult to injury, the Indianapolis police officers allegedly recommended charging the women with misdemeanors and felonies. For Harding, officers reportedly recommended charging her with violating the executive order and a class B misdemeanor.

The Indianapolis police officers allegedly recommended charging Westfield “with battery against a public safety official, as a Level 6 felony, violating the Executive Order as a Class B misdemeanor, and resisting law enforcement as a Class A misdemeanor.” However, the Indianapolis police lawsuit notes that Westfield never attacked any of the officers.

“Neither Plaintiff posed any threat to the defendant police officers,” the Indianapolis police lawsuit notes.

According to the Indianapolis Star, the Indianapolis police department has declined to comment but previously said an internal investigation had been opened.

Although the county prosecutor declined to press charges and released the women over a day later on June 2, the lawsuit claims the women deserved to be free from excessive force. However, the Indianapolis police officers allegedly disregarded the plaintiffs’ constitutional rights and inflicted injury upon them.

“The defendant police officers knew or reasonably should have known of the danger they placed Plaintiffs into by their assault,” the Indianapolis police lawsuit claims. “The defendant police officers knew that their actions could result in pain and harm to the Plaintiffs.”

The plaintiffs seek actual damages, compensatory damages, punitive damages, court costs and attorneys’ fees for the alleged incident of excessive force.

Do you think the Indianapolis police used excessive force? Share your thoughts in the comment section below.

Westfield and Harding are represented by Terrance Kinnard of Kinnard & Scott.

The Indianapolis Police Brutality Lawsuit is Ivoré Westfield, et al. v. Sgt John Doe, et al., Case No. 1:20-cv-01747 in the U.S. District Court for the Southern District of Indiana.

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