Title: Man Drops Lawsuit Against Charlotte Police After Losing Fingers in 2020 Protest Incident
In a significant legal development, Kyre Michell has formally dismissed his First Amendment lawsuit against the City of Charlotte and several police officers. The dismissal, filed Tuesday in U.S. District Court, is “with prejudice,” meaning Michell cannot pursue the case again, and no party will bear costs or fees related to the lawsuit.
Michell lost two fingers during a protest on May 30, 2020, related to the death of George Floyd. He claimed the injury occurred after he picked up a flashbang grenade thrown by police, which subsequently exploded in his hand. U.S. District Judge Robert Conrad previously allowed portions of Michell’s First Amendment claims to proceed, rejecting the defendants’ motion to dismiss these allegations, despite dismissing other constitutional claims.
The situation arose during protests where police used tear gas, pepper bullets, and flashbangs to manage crowds. Michell’s lawsuit encompassed complaints against 17 current and former Charlotte-Mecklenburg Police Department officers as well as unnamed law enforcement officials. The case centered on whether officers were justified in employing crowd control techniques during the protests, with Michell asserting he was engaged in peaceful activities when injured.
U.S. Magistrate Judge Susan Rodriguez noted that the circumstances surrounding Michell’s activities likely constituted protected First Amendment expression. However, Michaell’s attempt to secure an injunction against future use of flashbangs by police was denied, as the court ruled he lacked standing due to his past injury.
Charlotte officials had sought to dismiss the case, arguing that Michell’s claims were speculative. They emphasized that while his injuries were severe, there was insufficient evidence linking them directly to the actions of the defendants. The end of this litigation leaves unresolved questions regarding police conduct during protests and the use of force.
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