The city of Fort Wayne is denying responsibility for a protester losing his eye last year during riots, and says the man suffered the serious injury because of his own actions.
The city filed a response to Balin Brake’s lawsuit against the city and Fort Wayne police officer Justin Holmes, where he claims he was “peacefully protesting” when he was hit in the face by a tear gas canister, eventually causing him to lose his eye.
The city dismisses Brake’s claim that he didn’t hear a warning to leave the area, and says the use of force by police was reasonable in the protest and that Officer Holmes was “acting in the course and scope of his employment under color of law.”
“Plaintiff’s injuries were the result of his own actions,” the city wrote in response.
