A lawsuit filed by a man who says he was shot in the groin with a rubber bullet without provocation in 2020 during a mass protest in the Fairfax District over the death of George Floyd should be dismissed because the LAPD officers’ use of force was appropriate, lawyers for the city argue in court papers.

Bradley Steyn’s Los Angeles Superior Court lawsuit was filed in September 2020, alleging civil rights violations, assault, battery, negligence and intentional infliction of emotional distress. On Friday, defense attorneys filed court papers stating that the LAPD’s response was justified given that the plaintiff was an aggressor.

“The facts of this case are not subject to reasonable dispute,” the city’s lawyers state in their court papers. “The pertinent events were captured from multiple angles by cameras worn by police officers in the area where the incident occurred.”

Steyn kicked an officer to the ground in front of what the plaintiff called an “ignited” crowd of thousands of people, and Officers Jeffrey Rivera and Officer Brandon Purece used reasonable force to stop the plaintiff’s “uncontrolled aggression and unjustified assault” on a third officer, according to the defense’s court papers.

Steyn’s kick of the officer was so hard that the officer fell, his pistol magazine fell out of his vest and he was injured in the stomach, shoulder and elbow, the city’s attorneys state in their court papers.

Steyn is about 6 feet, 2 inches tall and weighs about 240 pounds, the defense lawyers state in their court papers.

In deciding to fire, Purece saw that Steyn “had already shown a propensity to assault an officer” and the plaintiff appeared to be moving toward the fallen officer to continue his assault or to penetrate the skirmish line, according to the city’s attorney’s court papers.

In his suit, Steyn maintains he was shot while taking part in a May 30, 2020, protest, one of many throughout the country in the wake of the in-custody death five days earlier of George Floyd, a 46-year-old Black man, in Minneapolis.

“Without any warning or instruction, the LAPD officer shot him in the genitals,” the suit states.

At no time before Steyn was shot did he hear any officer issue a lawful dispersal order, provide time for demonstrators to disperse, warn the crowd that less-lethal firearms would be deployed if protesters did not disperse or provide any direct orders to the plaintiff, according to his court papers.

The suit says Capt. Stacy Spell of the LAPD’s Media Relations Division narrated a video in which the LAPD alleges the plaintiff kicked an officer, causing him to fall on his back. But if the officer did fall, he “then quickly stood back up, uninjured,” according to the plaintiff’s court papers, which say the LAPD officer who shot Steyn did so in retaliation for the plaintiff allegedly kicking the other officer.

Steyn, who alleges another officer beat him in the chest with a baton, also saw weapons used against other protesters, the suit states.

“The beating and the LAPD’s brutality against unarmed civilians inevitably summoned the memory of George Floyd,” according to the complaint.

A hearing on the city’s dismissal motion is scheduled Feb. 17 before Judge Maurice A. Leiter.

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