FORT WAYNE, Ind. (WFFT) — The city of Fort Wayne says Balin Brake, the Fort Wayne protester during last May's George Floyd protests who lost his eye, did so from his own actions, according to the latest court filings.
In court documents, defendants for the city of Fort Wayne continue to deny Brake was peacefully protesting and say the use of force in the incident was reasonable.
The American Civil Liberties Union of Indiana, who is representing him, claims Brake lost his eye when an officer with the city of Fort Wayne used excessive force by firing a tear gas canister at Brake.
That officer was identified as Justin Holmes after the lawsuit was amended to require the City to identify the Fort Wayne police officer who fired the tear gas canister.
The City says the injuries of Brake were a result of other non-parties and non-defendants.
Both parties have asked for the case to be tried by a jury.
You can view the latest response in the case below.