JACKSONVILLE, Fla. – Two Jacksonville residents who took part in protests that followed the death of George Floyd last year have filed a lawsuit against the Jacksonville Sheriff’s Office.
Alecia Kirby and Carlos Cruz claim they were “attacked during daylight hours without cause by JSO officers” during protests in downtown Jacksonville.
Video shared by the lawyer representing Kirby shows the incident in question. At one point, an officer in riot gear can be seen using two hands to press the side of Kirby’s face into the pavement.
“At no time did the officer that forcefully took Plaintiff Kirby to the ground speak any commands to Plaintiff Kirby and did not at any time claim that Plaintiff Kirby was being placed under arrest,” the lawsuit states. “While pinned to the asphalt on the street and demobilized, Plaintiff Kirby was kicked in the face by a police officer and the officer deliberately slammed Plaintiff Kirby’s head downwards into the pavement of the street. While on the ground, Plaintiff Kirby went in and out of consciousness.”
According to the lawsuit, Kirby was singled out while being forcefully taken to the ground by an officer.
It’s important to note, in the short video released by Kirby’s lawyer, you can’t see what happened in the moments before she was on the ground.
The lawsuit only represents one side of the story. JSO told News4Jax it does not comment on active litigation.
In the 19-page lawsuit, Kirby and Cruz claim they were exercising their constitutional rights of freedom of speech and assembly on May 30. The complaint says they were peacefully leaving after police deployed tear gas when they were attacked by several officers.
In Cruz’s case, the lawsuit says he was forcibly taken down and injured his knee. The lawsuit also claims Cruz was beaten and choked by officers while he was detained.
Several officers, as well as Sheriff Mike Williams, are listed as defendants in the lawsuit.
“Sheriff Williams is responsible for the lack of proper procedures and really this custom, which seems to have demonstrated itself having back-to-back days of improper treatment of people exercising their constitutional rights,” said Neil Henrichsen, the attorney for Kirby and Cruz.
The plaintiffs are now asking for a jury trial on all claims listed in the complaint.
It’s not the first time JSO has faced a lawsuit related to protests last year.
A photographer claimed she was arrested, handcuffed and struck in the head by an officer with the Sheriff’s Office during the May 31 protests against police brutality in downtown Jacksonville.
Charges against the photographer and 47 other protestors were dropped by State Attorney Melissa Nelson.
Four of those arrested sued JSO claiming their arrests were unlawful.
MORE: Jacksonville pastor, others arrested at protest sue sheriff, officers
The Sheriff Office was ordered to pay $100,000 to settle the lawsuit, which includes $60,000 for attorney’s fees and $10,000 per protester.
As part of the settlement, JSO also agreed to make three changes to how it handles protesters.
Among the agreements:
- Sheriff’s Office agrees officers can not order protesters to disperse unless there’s a threat to public safety.
- Officers can’t arrest protesters for failure to comply without first specifying what area they have to disperse from.
- Officers can’t use chemical agents or irritants unless alternative crowd control methods are ineffective.