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Protester sues Kenosha law enforcement, alleging they unjustly fired rubber bullets at him

Police Shooting Wisconsin
Posted at 6:44 PM, Oct 01, 2020
and last updated 2020-10-01 21:05:33-04

KENOSHA — A Kenosha man is suing Kenosha authorities as he says law enforcement unjustly fired rubber bullets at his leg during protests in late August, "severely" injuring him, according to a lawsuit.

Randall Delaney is suing Kenosha County Sheriff David Beth, Kenosha Police Chief Daniel Miskinis, and the City and County of Kenosha in the Eastern District of Wisconsin.

Following the police shooting of Jacob Blake, Delaney says he was peacefully protesting at Civic Center Park in Kenosha when city and county law enforcement fired bullets and tear gas. Delaney says a rubber bullet hit him in his leg, severely injuring him.

He adds that he also experienced painful burning sensations in his eyes, mouth, nose and lungs from the tear gas.

City of Kenosha Police Department told TMJ4 News in an email that to their knowledge, the City of Kenosha has not been served notice of the lawsuit, and had no further comments.

"City and County law enforcement took these extreme and outrageous steps because Mr. Delaney was demonstrating against police violence and racist policing practices and the law enforcement officers wanted to quash Mr. Delaney’s speech, halt his expressive conduct, and deter others from opposing policing practices that are clearly excessive, disproportionate and wrong," argues his attorney, William Sulton, of the law firm Gingras, Thomsen & Wachs.

Police Shooting Wisconsin
Protesters chant outside the Kenosha County courthouse Monday, Aug. 24, 2020, in Kenosha, Wis. Wisconsin Gov. Tony Evers has summoned the National Guard to head off another round of violent protests after the police shooting of a Black man turned Kenosha into the nation's latest flashpoint city in a summer of racial unrest. (AP Photo/Morry Gash)

Their lawsuit alleges that law enforcement "indiscriminately" fired tear gas and rubber bullets at people they say were peacefully protesting on the night of Aug. 24, when Delaney says he was injured.

The lawsuit continues that law enforcement's aim during that night was beyond keeping the peace.

"Under the guise of these curfew orders, Sheriff Beth and Chief Miskinis directed and encouraged subordinates to attack peaceful demonstrators with rubber bullets and tear gas because they were expressing opposition to police violence and racist policing practices," according to the lawsuit.

Officials identify officer who shot Jacob Blake; no criminal charges as of now
Bystanders look on as cars burn after protesters set fire to a used auto lot late Monday, Aug. 24, 2020, in Kenosha, Wis. Protesters converged on the county courthouse during a second night of clashes after the police shooting of Jacob Blake a day earlier turned Kenosha into the nation’s latest flashpoint city in a summer of racial unrest. (AP Photo/David Goldman)

Delaney says his first and fourth amendment rights - free speech and the right from arbitrary arrests and other police actions - were violated by law enforcement.

The lawsuit demands a jury trial.

The incident Delaney alleges happened the night before Kyle Rittenhouse opened fire with a long gun and killed two protesters in Kenosha.

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