Jack Kearns is suing the city of Los Angeles, alleging he was injured by a rubber bullet fired by police during a protest last summer. Kearns claims he suffered a concussion and missed work as a result of the incident.
Lawsuit Details Allegations of Excessive Force
The lawsuit, filed in Los Angeles Superior Court, alleges multiple civil rights violations, including false arrest, assault and battery, negligence, and failure to provide medical care. Kearns is seeking unspecified compensatory and punitive damages from the individual officers named in the complaint. A photograph included with the lawsuit allegedly depicts Kearns in handcuffs.
According to the complaint, Kearns participated in the “No Kings” protest at City Hall on June 14 to show support for immigrants protesting ICE’s actions in the county. He initially intended to distribute water to demonstrators, who were engaged in what the suit describes as a peaceful demonstration.
Escalation and Injury
The situation reportedly changed when officers surrounded the protesters and began preparing zip-tie handcuffs. Kearns, attempting to avoid arrest, asked officers how he could leave the area but received no response. He then attempted to run from the area at approximately 6:30 p.m. on First Street.
The suit states Kearns was struck in the back of the head by a 40-millimeter rubber bullet. An officer allegedly said to Kearns, “You didn’t get too far now, did you?” Kearns reports he did not hear any warning before being struck and immediately experienced intense pain, causing him to collapse.
Following the impact, officers allegedly handcuffed Kearns while he was bleeding. The suit further alleges that officers continued to question Kearns, even after he was transported to a hospital while still handcuffed to his bed. He was ultimately issued a citation for failure to disperse.
Kearns reportedly spent two nights in intensive care with a concussion and continues to experience headaches, mental trauma, and has missed work and personal events as a result of the incident.
Frequently Asked Questions
What are the specific allegations against the city?
The lawsuit alleges civil rights violations, false arrest, assault and battery, negligence, and failure to summon medical care.
What was Kearns doing at the protest?
According to the complaint, Kearns was distributing water bottles to protesters demonstrating against ICE’s actions.
What is the status of the City Attorney’s Office response?
A representative for the Los Angeles City Attorney’s Office did not immediately reply to a request for comment on the suit filed Dec. 18.
What legal steps will follow this filing remains to be seen, but the case could proceed to discovery, mediation, or potentially a trial. The court will likely consider the evidence presented by both sides to determine whether the actions of the officers were justified and whether Kearns is entitled to damages.
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