Three Colorado residents – Brandon Schaefer, Flanders Lorton, and Josie Angel – filed suit on Tuesday against several members of the Auraria Campus Police Department (ACPD), alleging they were unlawfully arrested during a peaceful pro-Palestine protest on April 26, 2024. It’s the second lawsuit filed this year over arrests at Auraria protests. An earlier case, brought in April by a different group of demonstrators, made similar claims of free speech suppression.

The Auraria protests, part of a national wave of campus demonstrations, unfolded on the Tivoli Quad, a public lawn designated by the Auraria Higher Education Center (AHEC) for  activities such as debates, rallies, and protests. The 34-page complaint argued the arrests were meant to silence speech. 

Throughout April, students and community members gathered on the Auraria campus to condemn Israeli military actions in Gaza. Counter-protesters showed up as well to voice support for Israel.  On April 26th, ACPD officers, joined by Denver police and sheriff’s deputies, surrounded seated demonstrators. Dozens of arrests followed. The lawsuit names Police Chief Jason Mollendor, Corporal Joshua Bode, Sergeant Eric Martinez, Officer Joseph Flageolle, and one unidentified officer. 

The plaintiffs, an Army veteran, a student organizer, and a community activist, argue they were targeted under false pretenses. Police cited AHEC’s anti-camping policy, but all tents had been removed hours before the arrests. 

“None of the arrested protesters was in a tent or within the encampment when the police arrived,” the complaint states.

Photo from Auraria Protestors

The complaint describes the physical and emotional toll of that day: wrists bruised by tight zip ties, hours spent in detention, and charges that lingered before being tossed out for lack of evidence.

Schaefer, a veteran with ten years of service to his name, said he was disturbed by what he viewed as unlawful military actions in Gaza. He came to Tivoli Quad intending to stay briefly. Less than two hours later, police violently slammed him face down on the grass and handcuffed him. “Stop resisting,” an officer shouted, though the complaint insists Schaefer never resisted.

Lorton, a local organizer with Students for a Democratic Society, joined the demonstration to protest both Israel’s assault on Gaza and Metropolitan State University’s ties to military contractors. He said police yanked him off the grass, cuffed him, and ignored his request to clean a bleeding hand

Angel, active in the Democratic Socialists of America, recalled facing a wall of police in riot gear before being zip-tied and held for hours. The restraints cut into their wrists and shoulders so deeply that the pain lingered for days. 

Schaefer was released around 11 p.m, Angel by 1:30, and Lorton by approximately 2 a.m.

The plaintiffs are asking the court for damages to cover emotional distress, pain, and suffering, along with punitive damages to hold officers accountable. They also want an injunction preventing ACPD from disrupting lawful protests in campus public spaces. The case was filed by Grata Law and Policy, LLC.

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