Apology nope - not then not now. The ongoing saga of the SPD's unrepentant violent response against peaceful BLM protesters

Forgive me for laughing hysterically at the concept of the City of Seattle owning up to its brutalization of peaceful protesters. As was just recommended by the 4th Sentinel Review - the City supported investigation and look back at the SPD’s response to the George Floyd protest season.

Two and a half years ago, my office sued the City/SPD for pummeling 50 peaceful protester clients with blast balls, flash bangs, tear gas, pepper spray, and rubber bullets. Since then the City has done the opposite of apologizing. Instead, it has gone after those protesters. Several of whom were veterans with disabilities. One person who was hit in the chest so hard her heart stopped beating. Another who had part of their hand blown off. Others who have suffered permanent hearing loss, ptsd and etc.

Last week, right before the Sentinel Review became public, the City’s high end law firm - one of the largest in the nation (KL&Gates), asked Judge Ramseyer of King County Superior Court to dismiss two of those protester’s cases.

Well. What did those protesters do you might wonder. What indeed.

Let’s take the case of N.F. A 60 something year old psychotherapist whose lifelong career has been to provide mental health care and services. Lives on Capitol Hill with his family. An avid photographer. He is mingling with the protesters and near the police. Large specialty camera front and center. Roaming around taking photos for hours. When tensions flares is behind a dumpster - still taking pictures. When an officer targets him with a blast ball. The explosion of which knocks him over and knocks him out.

Does the city eventually apologize to him. Maybe saying - we know you were peaceful and just taking photos. Sorry we meant to blast someone else. No it does not.

Instead it moves the court to dismiss his case because he: “assumed the risk” of attending the protest. It was his fault he was blasted. Plus the City argues - he broke the law by not leaving the protest so the police could fire munitions at him with impunity.

Well. The Judge didn’t agree with the City. Denied the motion to throw out the case. And then just days later - out comes the 4th Sentinel Review.

Ironically, last week I did a podcast explaining why Defendants never apologize to Plaintiffs. No matter how wrong or terrible their conduct was.

Which is why when I read the first paragraph of Mike Carter’s article in the Times today: The Seattle Police Department should “offer a sincere, public apology” for its violent response to Black Lives Matter protests that brought thousands of demonstrators to city streets in summer 2020, a panel of police, citizens and accountability experts has concluded.

I laughed at the absurdity of it all.

Postscript: Shannon Kilpatrick primarily briefed our response to the City’s motions along with myself and Furhad Sultani. Shannon argued the motions.

Photo: Paralegal Kristin Michaud in the protest room designed by our Law Clerk Alysha.