$300,000 Settlement in Indiana Lost Eye Lawsuit

Federal court documents show the settlement amount reached by an Indiana city and a man who lost an eye after being struck by a tear gas canister police fired during 2020 protests over the killing of George Floyd is $300,000.

Documents also say Fort Wayne officials and the officer deny any liability or fault in the events that led to Balin Brake’s injury, WANE-TV reported Wednesday.

Brake sued the city in October 2020, alleging his constitutional rights were violated and excessive force was used during the May 30, 2020, protests in the city’s downtown.

A resolution was reached earlier this year, but terms of the settlement had not previously been disclosed.

Brake accused the Fort Wayne officer of firing a tear gas canister that struck him in his right eye, rupturing it and leading to its surgical removal.

City officials had and said an officer did not deploy a tear gas canister at Brake’s face during the protests. They had said Brake’s injuries resulted from his own actions and that no excessive force was used.

He was injured as he joined others in protests in downtown Fort Wayne after Floyd, a Black man, was killed by a white Minneapolis police officer in May 2020.

This article was first published in Insurance Journal.

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