Police in Aurora, Colorado, got a call about a man pulling a gun on a kid. They had no description of the suspect. On their way to the scene, they stopped two Black men walking down the sidewalk.  Darsean Kelley, one of the men, followed the officers’ orders to hold his hands above his head and turn around. His repeated requests for an explanation as to why they had been detained went unanswered. Even though it was clear he had no weapons and he was no threat to the officers, Mr. Kelley was tased in the back just as he said, “I know my rights.” He fell backwards and hit his head on the pavement.

Mr. Kelley was arrested and charged with “disorderly conduct.” The ACLU of Colorado defended him and filed an extensively-detailed motion to dismiss.  The prosecution dismissed the bogus criminal charge before the court could rule on the motion.

The ACLU then released a video, based on police body camera footage, depicting the unjustified taser assault on Mr. Kelley.   The video received hundreds of thousands of views and prompted extensive media coverage.

ACLU lawyers then negotiated a settlement in which the City of Aurora agreed on a six-figure compensation award to Mr. Kelley.  

ACLU Press Releases:

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Attorney(s)

Dan Recht; Ahson B. Wali; Rebecca Wallace; Mark Silverstein

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