FORT WAYNE, Ind. (WANE) – In court documents, City of Fort Wayne officials and a police officer deny any liability or fault in the events that led to a protester being struck in the face with a tear gas canister and costing him his eye.

Still, they gave him $300,000.

That’s according to newly released U.S. District Court documents detailing the settlement between Balin Brake and the City of Fort Wayne as well as Officer Justin Holmes.

WANE TV – which already confirmed the city cut Brake a $300,000 check – obtained the settlement papers through a Freedom of Information Act request.

Balin Brake (Photo courtesy of court documents)

City officials at first denied requests as to who a $300,000 check for “police professional matters” was made out to, but released the confidential settlement after WANE TV made another request for specifics of the settlement.

The city did not cover Brake’s legal fees, according to the settlement.

Brake was one of hundreds of protesters who flooded downtown to protest police brutality over the course of a few days in the summer of 2020 after the death of George Floyd in Minneapolis.

He was also one of several people to lose an eye or some vision during protests all over the country as police used tear gas cannisters and other projectiles to subdue or scatter crowds, according to various reports.

At first, Fort Wayne police said Brake bent down to pick up a tear gas canister to throw it back at officers and, in the process, he was struck by another canister that skipped off the ground.

Video obtained by The Washington Post undermined that version of events, showing that the canister never skipped off the ground and that Brake was not bending over to pick anything up. Eventually, Holmes was the officer identified as firing the tear gas canister.

With the help of the American Civil Liberties Union of Indiana, Brake sued the city and officer Justin Holmes, claiming the officer used excessive force when he fired the tear gas canister.

Both parties filed motions to dismiss the lawsuit last month. The federal magistrate judge presiding over the case obliged and dismissed it with prejudice – meaning it cannot be filed again.