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Judge Nina Wang also agreed to hold two trials: one against Denver and one against an individual Aurora officer for alleged constitutional violations.
DENVER — A federal judge decided earlier this month that a jury will evaluate whether the City and County of Denver and one Aurora police officer violated the constitutional rights of 13 plaintiffs who were injured during the police response to protests in downtown Denver in May 2020.
In a pair of March 1 orders, U.S. District Court Judge Nina Y. Wang concluded jurors could find the use of force against peaceful protesters was a response to First Amendment-protected activity, and that Denver’s own policies motivated officers to use excessive force. She also allowed plaintiff Tyson McCormick to procced with his specific claims against Aurora Officer Joshua Winters, who allegedly shot him with a beanbag while assisting Denver.
“Accepting Plaintiff’s version of events, a reasonable jury could conclude that Mr. McCormick did not pose a threat to officers, had not committed a serious offense, and was not attempting to flee or resist arrest,” Wang wrote.
She also decided there would be two trials in the case: one to address Denver’s alleged constitutional violations and the other focusing on Winters.
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