MYNORTHWEST NEWS

Federal lawsuit filed against city of Seattle over child pepper-sprayed during 2020 protest

Apr 29, 2022, 10:40 AM

Raw footage of boy pepper sprayed at Seattle protest (KIRO 7 News)...

Raw footage of boy pepper sprayed at Seattle protest (KIRO 7 News)

(KIRO 7 News)

The father of a child pepper-sprayed by a police sergeant during a protest in May 2020 has filed a federal civil rights lawsuit against the city of Seattle.

According to the lawsuit, Armand Avery decided to attend a rally near Westlake Mall with his son — named “A.J.” in court documents — who was 7 years old at the time, and fellow church members in protest of George Floyd’s death in Minneapolis.

Police presence at Greyhound prompts Stadium Station light-rail closure

During the protest and rally, Avery was peacefully waiting for speakers to begin speaking, according to the lawsuit. While waiting, some protesters exchanged words with the police.

The lawsuit also states Avery did not see any others acting violently toward police or in possession of a weapon.

At about 3 p.m., officers were said to have pushed through the crowd near where Avery and his son where standing and then were peppered sprayed.

According to the lawsuit, Avery’s son was hit directly in the face with the spray. Avery was also hit.

Avery reportedly told his attorney that his son’s face felt like it was on fire and the child had difficulty breathing due to the spray. “He was crying out in pain and shaking,” the lawsuit states.

According to the lawsuit, a nearby person tried to ease the child’s pain by pouring milk on his face.

As that did not have an effect, Avery and his son left the area and went home, where the child was given showers and used ice in an attempt to ease the pain. But when that did not work, they ended up at the hospital and were prescribed a topical ointment for chemical burns.

Video of the boy crying, with milk running down his face to lessen the effects of the spray, went viral after the protest and led to 13,000 complaints filed with Seattle’s Office of Police Accountability.

It was not until mid-September 2020 that an OPA investigation found the officer did not intentionally target the boy with the pepper spray.

According to an OPA description, “(The boy) and his father moved towards a protester who had grabbed an officer’s baton and was pushing into the police line. An SPD supervisor used pepper spray to move the protester back. In response, the protester ducked, causing the pepper spray to inadvertently affect the boy and his father.”

The sergeant was found to have followed SPD policy in response to the protester’s actions, and investigators said their review of the body cameras worn by officers showed the sergeant was not able to see the child.

After the incident, many people on social media claimed to identify the officer who used the pepper spray.

But OPA investigators found the complainants identified the wrong officer, and that the pepper-spraying was actually done by the sergeant.

Against backdrop of deepening SPD officer exodus, council debates dueling public safety plans

After the OPA released its findings, a statement was released on behalf of the Avery family, whose boy was pepper-sprayed, saying they were “deeply disappointed, but not surprised by the result reached by the OPA.”

The Avery family’s lawyer contends that “the injuries experienced by the plaintiffs continue to impact them emotionally,” and “A.J. and Armand did not do anything to justify being sprayed with OC spray. They were simply exercising their constitutional rights.”



 

MyNorthwest News

Sumner school expansion...

Jason Sutich

Sumner High School breaks ground on next phase of $412M expansion

Construction is underway on the next phase of Sumner High School's more than $412 million expansion.

22 minutes ago

seattle center shooting victims...

Katy Wade, KIRO 7 News

What we know about the Seattle Center shooting victims and how to support them and their families

Three people were killed, including one possible suspect, and at least four others were injured in a mass shooting at the Bite of Seattle food festival on Sunday night.

3 hours ago

cars in traffic - whidbey island...

Chris Sullivan

Drivers heading to Whidbey Island face 73 days of one-lane traffic near Deception Pass

Getting on and off Whidbey Island from the north is not going to be easy for the next year or more.

4 hours ago

Pierce Transit...

Paola Tristan Arruda, KIRO 7 News

Measure to expand Pierce Transit service on Nov. 3 Ballot

Pierce County voters will decide in November whether to approve a sales tax increase to expand bus and transit services.

16 hours ago

weather...

Meteorologist Nick Allard, KIRO 7 News

Quiet summer weather pattern continues in western Washington

If you’re wondering whether there’s any big weather on the horizon, the answer is ... not really.

17 hours ago

bite of seattle shooting briefing...

Luke Duecy

Police told reporters Seattle shooting briefing was delayed for ‘dignitaries,’ but Wilson says that’s not what happened

Three people were killed, and four others were wounded in a mass shooting at Seattle's Bite of Seattle, leaving city leaders facing questions.

17 hours ago

Federal lawsuit filed against city of Seattle over child pepper-sprayed during 2020 protest