Photo Courtesy of Ricardo Nagaoka/The New York Times
A Black Lives Matter (BLM) protester won a $1M lawsuit Monday against Salem police after being shot in the eye during a protest with rubber bullets.
In May 2020, following the murder of George Floyd, Eleaqia McCrae attended a protest marching peacefully in downtown Salem. There she and other protestors were met by police and SWAT teams.
McCrae, who was protesting alongside her friend and sister, was shot in the eye and chest with rubber bullets resulting in a retinal hemorrhage, macular hole, and vitreous hemorrhage. She later underwent vision surgery but suffers permanent damage.
McCrae filed a lawsuit in 2020 against The Salem Police Department’s officer Robert Johnston who shot her in the eye and chest. According to the Statesman Journal, Kevin Brague, McCrae’s attorney detailed McCrae’s claim that Johnston “violated her Fourth Amendment right not to be subjected to excessive force.”
The jury unanimously found McCrae proved that her Fourth Amendment right was violated. However, the jury agreed that she did not prove that Johnston violated her First Amendment right to lawful assembly and that he committed battery against her.
The city said McCrae’s injuries are due to her own “negligent conduct by failing to disperse the area when the protests were no longer peaceful.”
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According to AP, U.S. District Judge Michael J. McShane awarded McCrae $250,000 in economic loss and $800,000 in non-economic loss.
Following the verdict, Brague said, “My client, Ms. Eleaqia McCrae, is very grateful for the jury and their recognition and validation of the facts and circumstances of this case.”
Salem officials said in a statement that they “appreciate the jury’s work on this case and respect their verdict.”
McCrae also requested the city take steps to better protect residents’ First and Fourth Amendment rights.