FORT WAYNE, Ind. (WANE) Now that both sides have agreed on a settlement, the lawsuit between the City of Fort Wayne and a man who lost his eye during police brutality and racial injustice protests is over.
A U.S. District Court judge earlier this month dismissed with prejudice Balin Brake’s highly publicized lawsuit against the city and a Fort Wayne police officer who fired a tear gas canister that cost the Indiana man his eye during a May 2020 protest.
The dismissal means the lawsuit is officially over.
Lawyers for both sides indicated last month a settlement had been reached but needed time to finalize the agreement and prepare documents. Terms of the a settlement were not released, but both sides filed a joint motion to dismiss the lawsuit on April 8.
The case was dismissed three days later, according to court records.
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 try and subdue or scatter crowds, according to various reports.
At first, Fort Wayne police said Brake bent down to pick up a teargas 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.
In fact, video showed Brake had been moving away from officers and that no cannisters were on the ground near him when he was struck.
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.
Per the dismissal, the case cannot be refiled in any way.