NY Times, Getty Photographers Sue Kenosha Police Over Alleged Injuries Sustained During 2020 Protests

In a photo taken by Getty Images's Scott Olson, police block a road as they try to contain demonstrators gathered in the downtown area during a third night of unrest on in Kenosha, Wisconsin, on Aug 25, 2020. Scott Olson/Getty Images

Two freelance photographers have filed a federal lawsuit against police in Kenosha, Wisconsin, alleging that they were unlawfully shot with rubber bullets during a protest over police racism in 2020.

The lawsuits were filed in the U.S. District Court for the Eastern District of Wisconsin on July 4 by photographers Alyssa Schukar and Scott Olson who claim their civil rights were violated by law enforcement while they were both documenting the demonstrations.

The protests occurred in response to the police shooting of Jacob Blake, who was left paralyzed when Kenosha Police officer Rusten Sheskey shot him in the back seven times while officers were responding to a domestic incident on Aug. 23, 2020.

Ms. Schukar a Washington, D.C.-based photographer, was on assignment for The New York Times at the time she claims to have been unlawfully shot by police with rubber bullets on Aug. 25.

Mr. Olson was working for Getty Images, according to the lawsuits.

Getty Images staff photographer Scott Olson is placed into a paddy wagon after being arrested by police as he covers the demonstration following the shooting death of Michael Brown in Ferguson, Missouri, on Aug. 18, 2014. Joe Raedle/Getty Images

Both plaintiffs claim they were left injured during the incident which they say violated their First, Fourth, and 14th Amendment rights.

Specifically, Ms. Schukar claims to have been struck in the hand by the rubber bullets, resulting in her having to undergo surgery and physical therapy, while Mr. Olson alleges he was struck in the head.

‘Physical Injuries, Emotional Distress’

“This excessive force and unconstitutional constraint on Plaintiffs’ civil and constitutional rights resulted in physical injuries and emotional distress,” the plaintiffs wrote in the lawsuit.

Kenosha County Sheriff David Beth, former Kenosha Police Chief Daniel Miskinis, Waukesha County Sheriff Eric J. Severson, and 10 sheriff deputies and police officers identified only as John Does, are listed as defendants in the lawsuit.

The freelance photographers are seeking punitive damages and legal fees.

They also accuse the local government of having failed to train and supervise law enforcement officers properly and specifically point to Mr. Beth, Mr. Miskinis, and Mr. Severson who they said “had final responsibility for the policies and procedures” of their departments during the incident, the Milwaukee Journal Sentinel reported.

Additionally, the plaintiffs allege that their constitutional rights to free speech and due process were violated.

An attorney representing Kenosha County in the lawsuit The Epoch Times in an emailed statement, “The journalists are availing themselves of the legal system, which is their right.”

In an image taken by Scott Olson, police fire pepper balls from an armored vehicle as they confront demonstrators outside of the Kenosha County Courthouse during a third night of unrest in Kenosha, Wisconsin, on Aug. 25, 2020. Scott Olson/Getty Images

No Charges Filed Against Kenosha Officer

“We strongly disagree with the assertions made in the complaint and the county will defend itself resolutely,” Attorney Samuel Hall said.

The Epoch Times has contacted Mr. Hall for further comment.

The Department of Justice closed its federal probe into the police shooting of Mr. Blake in October 2021.

No charges were filed against Mr. Sheskey after prosecutors found insufficient evidence showing that he willfully used excessive force during the incident.

Police were initially called to a residence in Kenosha on Aug. 23, 2020, after a woman who had earlier accused Mr. Blake of having sexual relations with her without her consent told police he was at the residence when he was not meant to be.

According to law enforcement officials, Mr. Blake refused to cooperate when officers attempted to arrest him and he tried to escape in a car.

Mr. Sheskey then shot him to prevent him from leaving the scene, leaving him paralyzed from the waist down.

Attorneys for Mr. Blake later filed a federal civil rights lawsuit against Mr. Sheskey but subsequently dropped it. It is unclear if a settlement was reached. The sexual assault charges against Mr. Blake were also dropped as part of a plea deal.

Reuters contributed to this report.