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Teen Partially Blinded During George Floyd Protest; Supreme Court Steps In


On May 27, the Supreme Court instructed a lower court to reassess if a police officer, Benjamin Bauer, can be sued for injuring a teenager, Ethan Daniel Marks, during the George Floyd protests in 2020. The incident left Marks partially blind after Bauer shot him with a chemical projectile, claiming he acted to protect a fellow officer amid perceived threats. Lower courts previously allowed Marks’ lawsuit to proceed, asserting a jury could find that Marks posed no immediate danger.

However, Bauer appealed to the Supreme Court, which vacated the decision of the 8th U.S. Circuit Court of Appeals, directing them to reconsider the case, particularly referencing a recent ruling about a fatal traffic stop that suggested courts could evaluate the reasonableness of police force beyond the immediate moment of its use. This angle may favor Bauer, as it allows the court to consider broader context in determining the legitimacy of his actions.

This Supreme Court order came alongside the Justice Department’s decision to discontinue negotiations for a court-approved settlement regarding police reform in Minneapolis, citing repeated civil rights violations against Black residents. The protest-related chaos followed the notorious killing of George Floyd by Derek Chauvin, whose appeals for a new trial were denied by the Supreme Court.

The confrontation happened when Marks attempted to assist an injured woman during the protests, leading to a physical altercation with Officer Jonathan Pobuda. Marks confronted Pobuda after being pushed back, prompting Bauer to fire the projectile. While the federal district court and a majority of circuit judges found merit in Marks’ claim of excessive force, a dissent argued that the chaotic situation complicated the determination of a rights violation.

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