Denver asks judge to modify order on police use of tear gas

DENVER (AP) — A judge is limiting police use of tear gas, rubber bullets and other non-lethal weapons against people protesting against police brutality in Denver.

In a temporary restraining order issued Friday night, U.S. District Judge Brooke Jackson said four people who filed a class action lawsuit against the city accusing police of using the weapons to assert dominance and suppress their right to protest had made a strong case the police had used excessive force.

Jackson said police often have a “thankless job” and should be able to defend themselves. However, he said they have failed to police themselves at the protests. The judge said an on-scene supervisor with the rank of captain or above must approve the use of any chemical weapons and projectiles — and only in response to violence or destruction the supervisor has personally witnessed.

He also ordered police not to aim the non-lethal weapons at people’s heads and groins, as the plaintiffs alleged had been done, and to use body cameras.

The plaintiffs presented videos of police firing pepper spray at protesters who were speaking or yelling at police but not acting violently and of police firing projectiles at a person serving as a protest medic who was helping an unconscious person.

“Those videos show that the officers had ample time for reflection and were not dealing with dangerous conditions. Named plaintiffs were attacked with rubber bullets, tear gas, etc, allegedly solely on the basis of their presence at the demonstrations, their viewpoint, or their attempts to render treatment to injured protestors,” Jackson wrote.

Denver police said the judge's order is largely consistent with its use-of-force policy. However, the city filed a motion late Friday night seeking a few alterations due to staffing issues and technical limitations of body...