A new federal lawsuit alleges that a Woodbury man sustained a traumatic brain injury after being shot with a rubber-coated bullet by Minneapolis police while peacefully protesting the killing of George Floyd outside the Third Precinct in 2020.

The ordeal left Mason Hermann of Woodbury with short-term memory loss, headaches and fatigue, the lawsuit contends.

Attorney Jeff Storms filed the 29-page lawsuit in court last week. It seeks unspecified damages from the city of Minneapolis for violating Hermann's First Amendment rights.

Minneapolis has paid nearly $50 million to settle claims of police brutality or officer misconduct since Floyd's murder. Many hefty payouts went to journalists and bystanders injured by law enforcement officials during the unrest, actions that have since been described as a pattern of unconstitutional behavior by the U.S. Department of Justice.

City spokesman Allen Henry acknowledged the city has been served with the lawsuit, but declined to comment on the pending litigation.

Hermann, then 20, joined a growing crowd of protesters on Lake Street on May 27, 2020, to criticize MPD's actions. No curfew restrictions were in place at that time.

Officers in tactical gear were perched on the Third Precinct's roof and outside its barricaded entrance for hours, where some armed with 40-millimeter "less lethal" rounds fired upon the crowd. At approximately 6:50 p.m., according to the lawsuit, a rubber-coated bullet struck the left side of Hermann's head, without warning or provocation. No commands were given before that use of force.

The unidentified officer "shot Hermann with the projectile in retaliation for and to chill Hermann's further speech," the lawsuit says, adding that Hermann "never displayed any aggression" toward police.

Street medics tended to Hermann's bleeding wound after he fell to the street, according to the lawsuit. The impact of the round left his ears ringing and, over the next few hours, led to a decline in his cognitive function, including slurred speech.

Hermann sought medical treatment at River Falls Area Hospital, the lawsuit says, where he was diagnosed with an intercranial hemorrhage, skull fracture and concussion. The gash was closed with three staples. Doctors ordered he be transferred to Regions Hospital in St. Paul for further care.

Since the TBI diagnosis, Hermann has suffered a decline in his mental health and lingering symptoms, according to court records.

Under MPD policy, officers are forbidden from deploying 40 mm projectiles for crowd control purposes — or aiming at a person's head. Training manuals encourage officers to aim for an individual's torso.

The lawsuit references at least 11 other cases of civilians suffering serious injuries from police projectiles — nearly all of whom were struck in the eyes, face and head — in the aftermath of Floyd's murder.

Among other payments by the city:

  • $2.4 million to Soren Stevenson, who lost his eye after he was struck by a 40 mm projectile while standing with a group of protesters on a closed ramp near I-35W before curfew.
  • $600,000 to freelance journalist Linda Tirado, who was blinded in one eye by a police projectile while covering protests of Floyd's killing.
  • $365,000 to Abdi Edan Adam, a math tutor who was waiting for the bus on Lake Street, unaffiliated with demonstrations at the nearby Third Precinct, when struck in the head by a rubber-coated bullet.

In findings released last summer, the DOJ determined MPD routinely uses excessive force, including unjustified deadly force, against citizens and "violates the rights of people engaged in protected speech."

The report determined Minneapolis police retaliated against protesters and journalists by unlawfully restricting their actions during demonstrations, penalized people who challenge or question them during stops, and also interfered with the right to observe and record police activity.

Kim Hyatt contributed to this story.