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