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Man Hurt by San José Police in George Floyd Protests Awarded $1.3 Million

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Demonstrators run away from tear gas fired by police on May 29, 2020 during a protest in Oakland over the Minneapolis police murder of George Floyd. A man injured by a police projectile at a similar protest the next day in San José has won $1.3 million following an excessive force lawsuit against the city. (Beth LaBerge/KQED)

A man who was injured by a San José police foam bullet during the protests in the wake of George Floyd’s murder has been awarded $1.35 million by a jury in federal court.

The verdict, handed in on Wednesday afternoon following a roughly nine-day trial and three days of deliberation, notches a victory for Kyle Johnson, a 33-year-old Sunnyvale resident who was the first of several people injured in those protests to make it to a trial.

“I think our client is really feeling validated and grateful that he got his day in court,” said Abimael Bastida, an attorney with McManis Faulkner representing Johnson. “It was days and days of trial, and it was a challenging case, but we are pleased with the jury’s verdict.”

In addition to the money awarded to Johnson, San José will be required to pay for Johnson’s attorneys fees, Bastida said.

San José City Attorney Nora Frimann told KQED in an email Friday that the city is reviewing the decision.

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“Mr. Johnson’s injury clearly was unfortunate. The damages award was much less than his attorneys were seeking in this case,” Frimann said. She added that the city is also evaluating the possibility of appealing the case over qualified immunity, a liability protection granted to government employees for their actions at work, provided those actions don’t clearly violate constitutional rights.

In his 2021 lawsuit, Johnson alleged that during a group protest in front of City Hall on May 30, 2020, he was struck in the back of his leg by a dense foam projectile fired by Officer James Adgar.

Though several facts were in dispute – including whether Johnson was present to hear a dispersal order from police – the jury agreed that Adgar violated Johnson’s civil rights to peaceable free speech and his right to be free from unreasonable searches and seizures when the officer used excessive force on him.

Abimael said Johnson, who works as a youth basketball coach and a paraeducator, has been significantly affected by the injury and that it has caused blood clotting and multiple pulmonary embolisms, forcing him onto a regimen of blood thinners.

“It’s unfortunate what happened to him,” Bastida said.

“Like many other people, I think he would tell you he felt compelled to exercise his First Amendment right to protest and to free speech after the death of George Floyd,” Bastida said. “He at no point threatened anyone, an officer or otherwise, and at no point did he incite any violence.”

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Johnson is far from the only person who was injured by police in the major wave of protests and demonstrations against police brutality in the summer of 2020 after Floyd was murdered by former Minneapolis Police Officer Derek Chauvin.

San José’s police response to the actions was heavily criticized for the level of force unleashed by officers, including projectiles like the ones that hit Johnson, as well as tear gas and baton strikes.

Later in the summer of 2020, the city approved restrictions for how police could use projectile weapons, allowing officers to use them if they are directly attacked, but not purely for crowd control purposes.

A statewide bill was also passed to require stricter conditions for police use of projectiles and tear gas or other chemical agents.

Multiple lawsuits sprung up as a result of the violence, including one signed onto by the NAACP of San Jose/Silicon Valley and led by Michael Acosta, a man who lost an eye as a result of being shot by a police projectile. That case, which also included four others, settled with the city for more than $3.3 million in 2023.

Another group of seven plaintiffs, led by community organizer Derrick Sanderlin, who previously helped train officers about bias, also sued the city and police in 2020 following the protests. Appeals from the city delayed that case, but a federal judges panel ultimately ruled it could go to trial late last year.

Sarah Marinho, an attorney for Sanderlin, said the trial is currently set to begin in May, though settlement conferences are in the works.

Bastida couldn’t discuss settlement negotiation details publicly but said Johnson’s case proceeded to trial because, in his view, “the opportunity for the case to settle never really meaningfully came up.”

This story was updated on Friday, Jan. 24 to include a response from the San José city attorney.

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