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City Of Austin Faces Another Lawsuit Over Police Using 'Less Lethal' Rounds During Protests

Protesters disperse after police fire tear gas to clear I-35 during demonstrations against police violence on May 31.
Michael Minasi
Protesters disperse after police fire tear gas to clear I-35 during demonstrations against police violence on May 31.

A federal lawsuit filed Tuesday argues an Austin police officer used excessive force when the officer shot a protester with a "less lethal" round in May, irreparably damaging his eyesight.

The suit is the latest against the city over the police department's use of these rounds during largely peaceful demonstrations against police violence earlier this year.

The suit alleges Sam Kirsch was on I-35 with other demonstrators May 31 when police fired tear gas to clear the highway. As Kirsch was fleeing to a grassy embankment near the offramp, an officer shot him in the cheek, breaking several bones.

It's unclear whether Kirsch was shot with a so-called beanbag round, which contains bags filled with silica or lead birdshot, or a so-called foam baton round, a larger, 40-millimeter piece of foam used in crowd control.

According to the complaint, Kirsch has had three reconstructive surgeries and his eyesight is irreparably harmed. His attorney argues APD used excessive force and violated his right to peaceful protest.

The incident occurred a day after the shooting of 16-year-old Brad Ayala and hours before the shooting of 20-year-old Justin Howell – both of whom sustained brain damage as a result of police use of the rounds.

Anthony Evans, who alleges an officer shot him in the face while he was leaving protests with his hands up, and Maredith Drake, a street medic who was assisting Howell, are also suing APD in federal court.

A spokesperson for the City of Austin said the city's Law Department is reviewing all cases related to police violence that weekend.

"The Police Department, along with the Office of Police Oversight, and the Law Department will review each claim, and the city will work directly with the individual protestors and their lawyers," the city said.

Even though APD has since sworn off using the ammunition to control crowds, a KUT investigation this month found the department has maintained its cache of the rounds, which can be lethal.

So far, APD has suspended seven officers in relation to use-of-force incidents on May 30 and 31.

Got a tip? Email Andrew Weber at Follow him on Twitter @England_Weber.

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Andrew Weber is a general assignment reporter for KUT, focusing on criminal justice, policing, courts and homelessness in Austin and Travis County. Got a tip? You can email him at Follow him on Twitter @England_Weber.
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