Austin has paid out $27 million to people injured by police during 2020 racial justice protests

Austin has paid out nearly $30 million to settle lawsuits over police conduct during protests following George Floyd’s murder five years ago.

Most of the settlements were related to injuries caused by police using shotguns to fire lead-pellet bags at demonstrators outside the department’s headquarters in May 2020.

A wave of lawsuits followed over police use of the so-called “less-lethal” ammunition. As of last week, the city had settled 27 lawsuits, including a $4.5 million settlement to Sam Kirsch.

Kirsch told Austin City Council on May 22 that he’s suffered for years as a result of being shot in the face. He’s had permanent nerve damage and had to have an eye removed six weeks ago.

He said the city could have “serious questions” over the next few years, given the frequent protests of the Trump administration.

“I really worry about what’s going to happen the next time there’s widespread protests, and it could easily happen on your watch,” he told council members. “Will you ensure the safety of the people of Austin from APD when they’re peacefully protesting, or are more people going to have life-changing injuries and will [the city] continue to pay millions?”

Other high-dollar settlements include $2.95 million to Brad Ayala, whose skull was fractured after he was shot in the head by an officer. Justin Howell, who was also nearly killed after being shot in the head, settled his lawsuit for $8 million in 2022.

A number of police officers were also indicted by Travis County District Attorney José Garza, but most of those indictments have been dropped.

Since the protests, the city has rolled out changes within the Austin Police Department. In 2020, the city tried to move funding from APD, but that money was restored because of a state law banning cities from cutting money to police. APD also started to retool its training for police cadets, an effort that’s been stymied by pushback at the police academy. The city has also begun to roll out the Austin Police Oversight Act, a proposition approved by voters in 2023.

But attorney and criminal justice advocate Rebecca Webber, who represented Kirsch, told KUT the city has dragged its feet on many reforms, including the APOA. The measure, which aims to give civilians more access to police complaint files, was on hold for years because of state laws protecting police employment documents.

“The city has failed to implement it,” she said. “So, I am possibly more frustrated today than I was five years ago about the city’s failure to take accountability for its police department.”

While Kirsch was able to get restitution, Webber said, APD avoided accountability. The department could have been found criminally liable, but its internal investigation wasn’t released until after a statute of limitations to prosecute expired.

KUT reached out to the city and the Austin Police Department for comment, but did not receive a response by deadline.

This story was produced as part of the Austin Monitor’s reporting partnership with KUT. 

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