The bulk of the payout will go to a man who lost his eye after being hit by a police projectile while observing the downtown demonstrations in May 2020.
Federal Judge Phyllis Hamilton dismissed claims by six other plaintiffs after deciding they did not specifically implicate an officer who injured them or that lawyers had missed filing deadlines. The judge also dismissed two civil-rights organizations from the lawsuit after ruling they did not have standing to sue.
Acosta was running errands the afternoon of May 29, 2020, when he came upon the demonstrations. What he didn’t know was that police were closing in on the aftermath of a scene in which a man was arrested after driving his SUV into a crowd of demonstrators. Within moments, Acosta said he was hit “in the eye with an impact munition” fired by San Jose police officers, according to the lawsuit. He would later learn that his eye was ruptured and had to be removed.
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