Officer injured in May Day protests files claim against city

A Seattle police officer served the City of Seattle with a claim Thursday, after saying he suffered a head injury from a piece of concrete thrown by a rioter during the May Day protests.

KIRO 7 was broadcasting the scene live, at the moment Officer Kerry Zieger was injured. Paramedics tended to him moments after it happened. His attorney also released photos of Zieger’s injuries.

Attorney Erica Shelley Nelson filed the tort claim for damages against the City of Seattle on behalf of Zieger. She says his head injuries would not have happened if he was wearing a wraparound helmet — which he asked for — worn by most other officers. Zieger was only wearing a standard bike helmet.

The claim also criticizes SPD for “failing” to issue an immediate dispersal order to move or arrest protesters, once the officer was injured.

When KIRO Radio’s Tom Tangney first heard about the lawsuit he thought it was somewhat odd. Being an officer can sometimes be a dangerous job, he said. However, it might be a little different if it is related to equipment that the officer requested, buy was never provided.

“I don’t think I’ve ever heard about an officer suing his own department for this kind of thing,” Tangney said.

Nelson says SPD Chief Kathleen O’Toole sent Zieger a note apologizing for not having enough protective helmets, and promised to buy more of them.

Danny O’Neil, filling in for KIRO Radio’s John Curley, said the apology alone seems like a big piece of evidence that could be used against the city.

“It does seem a little brazen to sue your employer … You’re dealing with protesters. You’ve gotta acknowledge there’s going to be unpredictable things,” Tangney said.

O’Neil has mixed emotions.

“There’s part of me that says it is part of the deal for a police officer,” he said. “I also believe that if he wanted a piece of equipment to protect him, he has some grounds if he ended up being permanently injured.”

Nelson, who filed the tort claim for damages against the City of Seattle on behalf of Zieger, says the injury could have been avoided. She says his head injuries would not have happened if he was wearing a wraparound helmet like you see worn by the officer to his left in KIRO 7’s video of the incident. Zieger was only wearing a standard bike helmet.

“The department had run out that day,” said Nelson.

Zeiger’s head injuries kept him out of work for more than two months.

The claim asks for unspecified money damages, and that every officer who needs protective gear should have it.

Zieger was one of three officers injured that day.

KIRO 7 contributed to this story.

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