Photographer Receives $100K Payout After Being Tackled by Police During Protest
A photographer has received a $100,000 payout from the city of Des Moines, Iowa after a police officer tacked and arrested him during a George Floyd protest in the summer of 2020.
Mark “Ted” Nieters settled the case he filed against Des Moines midtrial in which he claimed a police officer used excessive force and illegal seizure,
Courthouse News Service reports that Nieters is a freelance photographer with international experience and was present at the demonstration in the spring of 2020 relating to the murder of Floyd in Minneapolis at the hands of police officers.
Nieters says he was far from the gathered crowd when Des Moines police officer Brandon Holtan tackled, pepper sprayed, and arrested him for failing to disperse.
The photographer says he clearly identified himself as a journalist and was holding two cameras strapped to his body, wearing a blue helmet, and carrying a press pass. However, he says he was not within hearing range when police officers issued the dispersal order to protestors.
A Des Moines federal judge had thrown out Nieters’ claims of illegal seizure, excessive force, and First Amendment retaliation claims on the grounds that the officer qualified for immunity.
But according to Courthouse News Service, Nieters appealed to the St. Louis-based Eighth Circuit Court of Appeals which reversed the decision on illegal seizure and excessive force.
The trial on those claims was underway on Wednesday when Des Moines offered to settle.
The city agreed to pay Nieters $100,000 but will have to approve the proposed settlement at a city council meeting on September 19. There will also be a statement on behalf of the city and police department emphasizing the importance of a free press.
“We are happy to put this case behind us and continue our important work moving the Des Moines Police Department forward in our continuing pursuit of excellence,” says city manager Scott Sanders.
“Of course, we are happy to produce a statement that reflects our approach in everything we do at the city regarding the importance of a free press for our community and the value and appreciation that the city has for the work that the press does.”
Nieters’ lawyer Gina Messamer says the photographer is highly experienced having covered war in the Middle East.
“Because of those experiences, Mr. Nieters does not take for granted the civil rights guaranteed to him and the free press under our Constitution,” she says.
“This case has always been about enforcing those guarantees, because the Constitution means nothing if we don’t enforce it. We are extremely pleased the city has finally recognized the importance of those rights, too.”
Image credits: Header photo licensed via Depositphotos.
